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HomeMy WebLinkAboutJanuary to December 1967INDEX FOR 'SPECIAL' AND/OR 'EXECUTIVE'SESSIONS 1. January 20 Res. author. Co. Hydraulic Eng. to act for & in behalf of the City of M.B. in obtaining financial assist. under the Fed. Disaster Act. Res. Adopting & submitting an amended budget for expend. of funds allocated from the State Hiway Fund to Cities (2107) City -State Agreement 2. January 24 Creation of position of Administrative Assistant Litigation — Green West Acres 3. February 2 Litigation - Giannini suit 4. February 6 Litigation - Giannini.Suit 5. February 9 Admiral Fabik, Luncheon 6. February 10 Ci State Agreement , y llCLb'[� d J' c. /4� 7. March 20/ Bua�erence salaries for 1967-68 8. March 31 City -State Final Agreement 9. April 11 Thomas litigation (no action tkken) 10. April 24 Budget.Conference 11. April 28 Budget Conference 12. May 23 Litigation - Thomas Suit 13. August 8 Litigation - Thomas Suit 14. August 10 Executive Session (Thomas Suit) 15. Sept. 15 Executive Session (Thomas Suit) 16. Nov. 3 Ambulance - S.L.O. Co. Services Area 17. Nov. 28 Thomas litigation (no action taken) c,e MINUTES - MORRO BAY CITY COUNCIL' Adjourned Executive'Sesson December 12, 1967 10:35 P.M. Morro Bay Recreation Hall The adjourned executive session was called to order at 10:40 P.M.. The City Attorney reviewed the matters relating to the Pipkin, et al vs. City, County and State lawsuit and what action had been taken in regards to said suit. The City Attorney requested authorization of final payment to Robert L. Wiegel, consultant, for services rendered relating to pending litigation. MOTION: Councilman Bowen moved to authorize payment•of $2500.00 to the Trust Fund of Peter M. Kardel, City Attorney, for final payment to Robert L. Wiegel. Councilman Keiser seconded. Passed unanimously. MOTION: Councilman Mallery moved to adjourn to open session. Councilman Bowen seconded. Passed unanimously., 1 MOTION: Councilman Bowen moved for adjournment Councilman Mallery seconded. Passed unanimously. ` Meeting adjourned at 11:09 P.M. RECORDED BY: C. TED WHITE, City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Tuesday, December 12, 1967, 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 proposed Public Services and Facilities element and Parks and Recreation element of the General Plan; at which said public hearing any person interested may appear and express his views for, against or in modification of the proposed Public Services and Facilities element and Park and Recreation element of the General Plan. DATED: November 29, 1967 C. TED WHITE, City Clerk City of Morro Bay, California CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING December 12, 1967 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES: 1. Regular meeting of November 28, 1967 2. Executive session of November 28, 1967 HEARINGS, APPEARANCES AND REPORTS: A-1 Hearing on adoption of Public Services & Facilities element and Park & Recreation element of City General Plan A-2 Appearance of H & W Enterprises regarding rental of City boat slips UNFINISHED BUSINESS: B-1 Ordinance No. 64, Refuse Ordinance (second reading) B-2 Consideration of proposed franchise.agreement for refuse collector B-3 Resolution establishing refuse collection rates B-4 Report on use of City facilities and insurance required NEW BUSINESS: C-1 Resolution approving additional use and sublease of Lease Sites 74 & 74W, Palmer Peterson C-2 Resolution authorizing additional use and assignment of Lease Sites 71, 72, 71W & 72W, Chris George C-3 Resolution authorizing "recordation of street name and number resolutions C-4 Consideration of Council meeting dates for the month of December C-5 Bid results for vehicles and tractor and request authorization to accept low bids INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial report b. Transfer , ADJOURNMENT: CALENDAR 1. City Council Meetings: December 26 & January 9 2. Planning Commission Meeting: December 19 & January 2 MINUTES - MORRO BAY CITY'COUNCIL Regular Meeting December 12, 1967 7:30 P. M. Morro Bay RecreationHall The meeting was called.to order at 7:30 P.M. with the Pledge of Allegiance. Mayor Pro Tem Bickford asked those in attendance to observe a few moments of silence to ask for guidance. ROLL CALL: PRESENT: Councilmen Bowen, Keiser, Mallery & Mayor Pro Tem. Bickford ABSENT: Mayor Surfluh MINUTES: The minutes of the regular and executive session meetings held November 28, 1967 were considered by the Council. Mayor Pro Tem Bickford asked if there were any corrections to be made to said minutes. MOTION: Councilman Mallery moved that the minutes be approved as written. Councilman Keiser seconded. Passed unanimously. MOTION: Councilman Mallery moved that the minutes of the regular meeting and executive session of November. 28, 1967 be accepted and approved. Councilman Keiser seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS: A-1 Hearing on adoption of Public Services and Facilities element and Park and Recreation element of City General Plan Mr. White stated that on November 21, 1967, the City Planning Commission conducted a public hearing to consider the adoption of the aforementioned elements, and did recommend to the City Council that they be adopted as part of the City General Plan. A map of the proposed Park and Recreation element was displayed and reviewed in depth by Mr. Ned Rogoway for the benefit of the Council and those present. Mayor Pro Tem Bickford asked if the Council had any questions regarding this element. There being none, he declared the public.hearing open at 7:48 P.M. ` Comments were heard from,Mr. Hugh Case regarding the recreational area planned in the area of the P. G. & E. power lines. Discussion held among members of the Council and staff regarding the feasibility of MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December•12,'1967 Page Two this plan and the type of activities allowed for this particular area. There being no,further comments, Mayor Pro Tem Bickford declared the public hearing closed at 7:55'P.M. Mr. White stated it would now be in order to consider the Public Services and Facilities element of the General Plan and asked Mr. Spellacy, Director of Public Works, to review this plan. Maps of the proposed Principal Facilities of Ultimate Drainage System, Principal Facilities of Year 1985 Sewer System, and the Principal Facilities of Year 1985,Water System were displayed and reviewed by Mr. Spellacy for the benefit of the Council and those present. Discussion held among members of the Council relative to the aforementioned plans. Mayor Pro Tem Bickford declared the public hearing open at 8-:10 p.m. Brief discussion held. There being no further comments, Mayor Pro Tem Bickford declared the public hearing closed at 8:15 p.m. RESOLUTION NO. 121-67. RESOLUTION ACCEPTING RECOMMEND- ATION OF CITY PLANNING COMMISSION AND ADOPTING THE PUBLIC SERVICES AND FACILITIES ELEMENT AND PARKS AND RECREATION ELEMENT OF THE CITY GENERAL PLAN Mr. White read Resolution No. 121-67 in its entirety. MOTION: Councilman Keiser moved for the adoption of Reso- lution No. 121-67. Councilman Mallery seconded. Councilman Mallery stated that if anyone is interested in reviewing the aforementioned elements, copies are available. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery & Mayor Pro Tem Bickford NOES: None ABSENT: Mayor Surfluh A=2 Appearance of H & W Enterprises re: rental of City boat slips Mr. White stated a request was made by telephone from one of the principals of H & W Enterprises to be placed on the Agenda to discuss the matter of rental for boat slips constructed by the City. Mr. Howard-Pludow, representative of H & W Enterprises, spoke re- garding their proposed boat slip rental operation and the fact that they feel the City is undercharging and causing dissention among their customers. Lengthy discussion held among members of the Council, staff MINUTES - MORR0 BAY,CITY COUNCIL Regular Meeting December 12, 1967 Page Three and Mr. Pludow regarding the rates to be charged for the services offered by H & W Enterprises and by the City. Councilman Mallery suggested that a committee be formed of -inter- ested people involved in the use of boat slips and two Councilmen to study the matter of rates to be charged by the City. Further discussion held. MOTION: Councilman Mallery moved that a committee be' established of two Councilmen and of interested parties in the community. This would be left up to the Mayor to invite other people to parti- cipate in this committee to resolve this problem, of rates. Councilman Bowen seconded. Passed unanimously. Committee to be appointed by.the Mayor. UNFINISHED BUSINESS: B-1 ORDINANCE NO. 64. AN ORDINANCE CREATING CHAPTER II TO TITLE III OF THE MORRO BAY MUNICIPAL CODE ENTITLED REFUSE ORDINANCE (second reading) MOTION: Councilman Mallery moved that we read Ordinance No. 64 by title only. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery & Mayor Pro Tem_Bickford NOES: None ABSENT: Mayor Surfluh Mr. White read Ordinance No. 64 by title only to constitute the second reading, stating it would now be in order to move for the adoption of this ordinance. MOTION: Councilman Mallery moved for the adoption of Ordinance No. 64. Councilman Keiser seconded. Roll call vote AYES: Councilmen Bowen, Keiser, Mallery & Mayor Pro Tem Bickford NOES: None ABSENT: Mayor Surfluh B=2 Consideration of proposed franchise agreement for refuse collector Mr. White stated that due to the press of business, staff was unable to prepare the proposed franchise agreement for presentation at this meeting. He stated, however, that a draft form of an ordinance granting a franchise to the refuse collector has been prepared for the Council's consideration. MINUTES - MORRO BAY.CITY'COUNCIL Regular'Meeting December 12, 1967 Page Four Discussion held regarding the proposed franchise. Mr. White stated copies of the proposed franchise agreement will be presented to the Council for their consideration prior to the Council meeting to be held January 9, 1968. Also, a meeting will be scheduled with the prospective franchisee to review the ordinance and franchise agree- ment prior to the next meeting. Comments were heard from Mr. Hugh Case regarding putting this franchise out to bid. Mr. White read a letter dated April 12, 1967 from City Attorney, Peter Kardel, regarding the franchise provisions of the refuse ordinance. Comments were heard from Mr. O'Connell regarding reading this ordi- nance by title only and whether it would be published. No action taken by the Council at this time. The franchise agreement and ordinance granting a franchise to the refuse collector to be presented to the Council on January 9, 1968. B-3 RESOLUTION NO. 122-67. RESOLUTION ESTABLISHING RATES FOR THE COLLECTION OF REFUSE AND WASTE MATERIAL Mr. White read•Resolution No. 122-67 in its entirety. Brief discussion held. MOTION: Councilman Keiser moved for the adoption of Resolution No. 122-67. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery & Mayor Pro Tem Bickford NOES: None ABSENT: Mayor Surfluh B-4 Report on use of City facilities and insurance required Mr. White stated at the last Council meeting staff was directed to obtain further information regarding the use of City facilities and the requirement placed on people using these facilities relative to naming the City as an additional insured to specified limits of liability. Mr. White stated one of the requirements now placed on certain uses of city facilities is that a certificate of insurance naming the city as an additional insured to certain limits be provided. If the organizations using city facilities do not provide this insurance, the City will have to pay the premium. He stated that in the case of the Co-operative Nursery School, the insurance would cost the City approximately what it would cost the nursery school on an annual basis. He also stated that the type of use and the exposure has a direct bearing on the amount of the in- surance policy. 40 MINUTES - MORRO Regular Meeting Page Five BAY CITY COUNCIL December 12, 1967 It was the recommendation of the staff that all uses of city facilities be handled by the issuance of a use permit requiring those organizations desiring to use city facilities to provide the necessary certificate of insurance. It was further recommended that.a simpler method of issuing the use permits be established, possibly by the direction of the Council to the City Clerk's Office of authorization to issue these use per- mits so each application does not have to come before the Council. Discussion held. MOTION: Councilman Mallery moved that we direct staff to prepare a resolution specifically designating a policy on liability insurance on all activities of all groups or organizations who use city faci- lities. Councilman Bowen seconded-. Passed unanimously. ' MOTION: Councilman Keiser moved that the question of the proper use of the Recreation Hall as regards to a nursery school be referred to.the Parks & Recreation Commission for study and report back to the Council. Councilman Bowen seconded. Passed unanimously. B-5 (Added) Mayor Pro Tem Bickford brought to the attention of those present that Mayor J. S. Surfluh has been absent for the last two Council meetings due to illness. RECESS: 9:17 P.M. NEW BUSINESS: RECONVENED: 9:29 P.M. C-1 RESOLUTION NO. 123-67.. RESOLUTION AUTHORIZING CHANGE OF USE, LEASE SITES 74 &,74W, PALMER PETERSON Mr. White stated a request has been received from Palmer Peterson, lessee of lease sites 74 and 74W to sublease said lease sites to' Robert L. and Sarah T. Bault for a use that is not specified in the lease agreement. Application for a conditional use, permit was made to the Planning Commission which considered the change of use and recommended that said change of use be approved by the Council with certain stipulations. Mr. White then read Resolution No. 123-67 in its entirety. Councilman Mallery raised -the question regarding'the parking of boats and trailers on the lease sites. Discussion held. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 12, 1967 Page Six MOTION: Councilman Mallery moved for the adoption of Resolution No. 123-67. Mr. Kardel suggested ''that this resolution, along with Resolution Nos. 124-67, 125-67 and 126-67 either be deferred until the next meeting so legal counsel can review them,,or the Council can approve them subject•to an affirmative opinion by the City Attorney. Councilman Mallery withdrew his motion. After a brief discussion, it was the determination of the Council to approve the aforementioned resolutions by inserting the words, "subject to an affirmative opinion by the City attorney". MOTION: Councilman Mallery moved that Resolution No. 123-67 be adopted as amended. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery & Mayor Pro Tem Bickford NOES: None ABSENT: Mayor Surfluh RESOLUTION NO. 124-67. RESOLUTION AUTHORIZING SUBLEASE OF LEASE SITES 74 AND 74W FROM PALMER.PETERSON TO ROBERT L. AND SARAH T. BAULT Mr. White read Resolution No. 124-67 in its entirety, inserting the words "subject to an affirmative opinion by the City Attorney". MOTION: Councilman Mallery moved for the adoption of Resolution No. 124-67 as amended. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery & Mayor Pro Tem Bickford NOES: None ABSENT: Mayor Surfluh C-2 Resolutions authorizing additional use and assignment of Lease Sites 71, 72, 71W and 72W, Chris George Mr. White stated a request has been received from Mr. & Mrs. Chris George for the right to assign their leasehold interest in lease sites 71, 72, 71W and 72W to Lorenzo and Violet Davis. Said assign-, ment to be contingent upon approval of the City Council to allow a change of use for said lease sites. RESOLUTION NO. 125-67. RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM CHRIS GEORGE TO LORENZO AND VIOLET DAVIS, LEASE SITES 71, 72, 71W and 72W Mr. White read Resolution No. 125-67 in its entirety. Discussion held, after which it was determined by the Council to consider. Resolution No. 126-67 prior to taking any action on Resolution No. 125-67. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 12, 1967 Page Seven RESOLUTION NO. 126-67. RESOLUTION AUTHORIZING CHANGE OF USE, LEASE SITES 71, 72, 71W AND 72W, LORENZO AND VIOLET DAVIS Mr. White read Resolution No. 126-67 in its entirety, inserting•the words "subject to the affirmative legal opinion by the City Attorney". Discussion held and Mr. White reviewed the request for the assignment and change of use for the benefit of the Council and those present. MOTION: Councilman Mallery moved for the adoption of Resolutions No. 125-67 and 126-67 as amended. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery & Mayor Pro Tem Bickford NOES: None ABSENT: Mayor Surfluh C-3 RESOLUTION NO.'127-67. RESOLUTION AUTHORIZING RECORDATION OF STREET NAME AND NUMBER CHANGES WITHIN THE CITY OF MORRO BAY Mr. White stated that in 1966 the City Council passed Resolutions No. 17-66 and 46-66 adopting, the street name and number system. .It has been requested by the Assessor's Office and by the title companies that these resolutions be recorded. He then read Resoltuion No. 127-67 in its entirety. MOTION: Councilman Keiser moved for the adoption of Resolution No. 127-67. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery & Mayor Pro Tem Bickford NOES: None ABSENT: Mayor Surfluh C-4 RESOLUTION NO. 128-67.� RESOLUTION'CANCELLING REGULAR MEETING OF MORRO BAY CITY COUNCIL OF DECEMBER 26, 1967 Mr. White stated the matter of cancelling the Council meeting was discussed with individual members of the Council and requested con- sideration of the Council to cancel the meeting of December 26, 1967 due to it being the day after Christmas. The next regular meeting would then be held January 9, 1968. He stated if it•was required to hold a meeting in the interim for any specific purpose, a special meeting could be called by the Mayor. Resolution No. 128-67 was then read in its entirety. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 12, 1967 Page Eight MOTION: Councilman Keiser moved for the adoption of Reso lution No. 128-67. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery & Mayor Pro Tem Bickford NOES: None ABSENT: Mayor Surfluh C-5 Bid results for vehicles and tractor, and request authorization to accept low bids Mr. White stated bids were solicited for the purchase of two one-half ton van trucks and one one-ton.truck, Bid No. 7-67. 'Bids were re- ceived from six automobile.agencies within the County, the low bid being received from Fred Brieden Chevrolet in the amount'of $3,932.26 for the two one-half ton trucks and $3,203.74 for the one -ton truck. The trade-in value allowed was $125 for the 1955 Ford,pickup., $300 for the 1960 Chevrolet pickup and $100 for the 1960 Ford stationwagon. On Bid No. 8-67, the 3-wheel utility delivery truck; Mr. White stated it was the intention of the Public Works Department to purchase..this unit for use by the custodian; however, upon review, it was found that it would cost as much for the 3-wheel utility truck as it would for.a small van. Mr. White requested that the Council reject the bids received for.the' 3-wheel utility truck and authorize staff to ask for bids for another van truck or accept the low bid price for the same type,of van to be acquired from Fred Brieden Chevrolet. Discussion held... MOTION: Councilman Mallery moved for the acceptance of Bid No. 7-67 and, in addition, to grant the request that the City be allowed to negotiate. for one small van for approximately $1,900.00 in lieu of the 3-wheel utility vehicle. Councilman Bowen seconded. Passed.unanimously. Mr. White requested that Bid No. 8-67 be rejected. . MOTION: Councilman Mallery moved that,the bids received " on Bid No. 8-67 be rejected. Councilman Bowen seconded. Passed unanimously. Mr. White stated three bids were received for Bid-No.'9-67, pneumatic tired front loader. 'The low bid was received from Hanson Equipment Company for a Hough H50C Diesel Payloader in the amount of $15,600. It was the recommendation of the Public Works Department,that the low bid be accepted for this piece of equipment. MINUTES - MORRO Regular Meeting Page Nine BAY CITY COUNCIL December 12, 1967 0 Mr. White stated this item was presented to the Council during.the budget conferences and $4,125 was budgeted for a lease -purchase agreement of four years for a front loader. Mr. White further stated that on review of our cash position, staff recommends that authorization be given to use the $4,125 budgeted and to allocate an additional amount of $11,475 to purchase outright the Hough Pay - loader in the amount of $15,600, thereby saving a total of $1,404 in interest charges over a four year lease -purchase agreement period at six percent. Discussion held. MOTION: Councilman Bowen moved that we purchase the Hough Payloader as recommended by staff. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bowen, Keiser & Mayor Pro Tem Bickford NOES: Councilman Mallery ABSENT: Mayor Surfluh Mr. White stated this would require a transfer from the Unbudgeted Reserve in the amount of $11,475. MOTION: Councilman Keiser moved that we transfer from the Unbudgeted Reserve the amount of $11,475 to purchase the Hough Payloader. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bowen, NOES: Councilman Mallery ABSENT: Mayor Surfluh & Keiser & Mayor Pro Tem Bickford Mr. White stated that this transfer would not deplete the Capital Improvement Reserve, nor would it affect the funds in the Equipment Replacement Reserve, the Encumbered Reserve, the trust funds for . water and miscellaneous accounts or the improvement district funds, yet remaining for final disposition. INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council (a) Councilman Keiser stated she has been asked about the con- dition of the strip of land that Texaco Oil Company owns on Atascadero Beach, stating that the staff was directed to.report back on this. Mr. White stated it could be cleaned up under the weed abatement pro- gram if it was the Council's wish, and asked for some affirmative action to direct staff to do so in that this is not the normal weed abatement season. Discussion held. MOTION: Councilman Keiser moved that staff write a letter to Texaco regarding the objections received per- taining to the maintenance of their property. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December.12, 1967 Page Ten Further discussion held. Councilman Bowen seconded Passed unanimously. (b) Councilman Keiser asked for a report from the City Attorney relative to her being out of the country from February 9 through March 19, 1968 and, therefore, missing three Council meetings. Mr. Kardel stated it is permissive'to be gone and stated a resolution has bean prepared authorizing Councilman Keiser to miss three Council meetings. RESOLUTION NO. 129-67. RESOLUTION AUTHORIZING COUNCILMAN LILA KEISER TO ABSENT HERSELF FROM THE STATE OF CALIFORNIA Mr. Kardel read Resolution No. 129-67 in its entirety. MOTION: Councilman Bowen moved for the adoption of Resolution No. 129-67. Councilman Mallery seconded. Roll call vote: AYES: Councilmen Bowen, .Keiser, Mallery & Mayor Pro Tem Bickford NOES: None ABSENT: Mayor Surfluh Mr. Kardel informed Councilman Keiser that compensation will not be affected during her absence. D-2 City Attorney (a) Mr. Kardel stated it would be appropriate to propose a resolution with respect to Mayor Surfluh being absent from the Council meetings due to illness. RESOLUTION NO. 130-67. RESOLUTION AUTHORIZING ABSENCE OF MAYOR J. S. SURFLUH FROM REGULAR COUNCIL MEETINGS DUE TO ILLNESS. Mr. Kardel read Resolution No. 130-67 in its entirety. MOTION: Councilman Bowen moved that Resolution No. 130-67 be adopted. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bowen, Keiser,.Mallery.& Mayor Pro Tem Bickford NOES: None ABSENT: Mayor Surfluh .' (b) Mr. Kardel asked for a brief executive session to discuss pending litigation subsequent to this meeting. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 12, 1967 Page Eleven D-3 City Administrator (a) Financial Report for the period November 16 through November 30, 1967. MOTION: Councilman Bickford moved for the approval of the Financial Report for the period.November 16 through November 30, 1967. Councilman .Mallery seconded. Passed unanimously. CORRESPONDENCE: 1. Letter addressed to Mayor Surfluh from the Morro Bay Quota Club supporting an ambulance service in Morro Bay. 2. Letter in response to our resolution requesting the Postmaster General to issue a commemorative stamp. 3. Notice to all city and county officials from the Depart- ment of Housing and Community Development re: State-wide Governor's Conference, January 31 thru February 1, 19.68, in Sacramento. 4. Letter from the State Department of Public Health•re: San Luis Obispo County being declared a rabies area. 5. Notification that gas tax subvention funds are now handled through the State Controller's Office. 6. Copy of the Agenda of the Water Resources Advisory Committee, together with a copy of the minutes of the meeting held November 7. 7. Letter from the Wildlife Conservation Board re: off -shore fishing reefs. 8. Letter from Jerry Dunphy, President of the L. A. Press Club re: hospitality.shown them on their stay in Morro Bay. 9. Letter from the City -Attorney relative to the report on dismissal of the Thomas suit. 10. Copy of the minutes of the meetings of the Department of Fish & Game held October 6 and November'3,1967. MOTION: Councilman Mallery moved.that the correspondence be filed. Councilman Bowen seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting December 12, 1967 Page Twelve ADJOURNMENT: Mayor Pro Tem Bickford entertained a motion to adjourn to executive session. MOTION: Councilman Mallery moved:'that we adjourn from regular session to executive session. Councilman Bowen seconded. Passed unanimously. Meeting adjourned at 10:35 P.M. RECORDED BY: C. TED WHITE, City Clerk DAISYOM. SCHACHT, Deputy City C1erTc MINUTES - MORRO BAY CITY COUNCIL Adjourned Executive Session November 28, 1967 10:40 P.M. City Hall Conference Room PRESENT: Councilmen Keiser and Mallery and Mayor Pro Tem Bickford ABSENT: Councilman Bowen and Mayor Surfluh Mayor Pro Tem Bickford called the meeting to order at 10:43 P.M. Mr. Kardel, City Attorney,.reviewed matters relating to the pending Thomas Suit. Lengthy discussion held among members of the Council and City Attorney. No official action taken by the Council. Mayor Pro Tem Bickford entertained a motion to adjourn to open session. MOTION: Councilman Keiser moved to adjourn from executive session to open session.: Councilman Mallery seconded. Motion passed. MOTION: Councilman Mallery moved for adjournment. Councilman Keiser seconded. Motion passed. Meeting adjourned at 11:32 P.M. RECORDED BY: C. TED WHITE, City Clerk DAISY SCHACHT, Deputy City C1 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING November 28, 1967 7:30 P. M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MTMTITF.0 1. Regular Meeting of November 14, 1967 HEARINGS, APPEARANCES AND REPORTS: A-1 Report on meeting held re: operation of Beion Oyster Company UNFINISHED BUSINESS: B-1 Ordinance No. 64, Refuse Ordinance B-2 Joint Powers Agreement for area planning coordinating council B-3 Resolution re: State Outdoor Advertising Act and compliance with local zoning laws B-4 Resolution setting date and time for hearing on•adoption•of public services and facilities plan and park and recreation elements of the City General Plan. B-5 Request from the Morro Bay Chamber of Commerce'for quarterly allocation of funds NEW BUSINESS: C-1 Proposed real property transfer tax ordinance C-2 Proposed ordinance for undergrounding'utilities C-3 Request from League of California Cities for names of appointees to 1968 League committees C-4 Request for policy decision on use of city facilities and public areas C-5 Letter regarding decorating Christmas tree at City Recreation Hall C-6 Letter regarding "Sister -City" Program,with the City of Greymouth, New Zealand C-7 Resolution re: the 200th anniversary of the State of California INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial.Report CORRESPONDENCE: ADJOURNMENT: CALENDAR 1. City Council Meetings: December 12, 1967 2. Planning Commission Meetings: December 5 and 19, 1967 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting November 28, 1967 -7:30 P. M. Morro Bay Recreation Hall The meeting was called to order at 7:31 P.M. with the Pledge of Allegiance. Mayor Pro Tem Wayne Bickford requested those present to observe a few moments of silence while we ask for guidance. , ROLL CALL: PRESENT: Councilmen Bickford, ,Bowen, Keiser and Mallery ABSENT: Mayor J. S. Surfluh MINUTES: The minutes of the regular meeting of November 14, 1967 were con- sidered by the Council. Mayor Pro Tem Bickford asked if there were any corrections to be made to said minutes. MOTION: Councilman Bowen moved that the'.minutes of November 14, 1967 be approved as written. Councilman'Keiser'seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS: A-1 Report ,on meeting held re: Operation of Belon Oyster Co. Mr. White reviewed the letter received from Supervisor Elston L. Kidwell advising the Council of the meeting with Belon Oyster Company. He stated Joe Spellacy, Director of Public Works, attended this meeting and reviewed the report made by Mr. Spellacy for the benefit of the Council and those present. As this was an information item only, no Council action was required. A-2 (Added) Report on San Luis Obispo County Development Association by Larry Davis Mr. Larry Davis, Morro Bay representative on the County Development Association, gave a brief summary of the progress made by the County Development Association during the past year and -the activities planned for the near future. Discussion held. No Council action required. UNFINISHED BUSINESS: B-1 Ordinance No. 64, Refuse Ordinance Mr. White stated that, at the direction of the Council, staff has in- corporated changes suggested at the meeting of November 14, and the ordinance is now ready for the first reading. MINUTES - MORRO BAY CITY COUNCIL. November 28, 1967 Page Two MOTION: Councilman Mallery moved that Ordinance No. 64 be read in its entirety. Councilman Keiser seconded. Passed unanimously. Councilman Mallery suggested that sections questioned by members of the Council be discussed as they come up during the reading of the ordinance. Mr. White then proceeded to read Ordinance No. 64 in its entirety. Discussion held regarding Section 3203.4 Comments were heard from Mrs. Nelson regarding the refuse collector refusing to pick up her garbage because .it is more than 75 feet from the curb line. Lengthy discussion held among members of the Council and staff relative to this provision, after which it was the deter- mination of the Council that consideration be given to matters such as this in the franchise agreement. MOTION: Councilman Mallery moved that this constitute the first reading of Ordinance No. 64. Councilman Keiser seconded. Roll call vote: AYES: Mayor Pro Tem Bickford, Councilmen Bowen, Keiser & Mallery NOES: None ABSENT: Mayor Surfluh Second reading to be December 12, 1967. B-la (Added) RESOLUTION NO. 116-67. RESOLUTION AUTHORIZING PREPARATION OF FRANCHISE TO RAY M. WAGNER FOR THE COLLECTION AND DISPOSAL OF REFUSE, GARBAGE, RUBBISH AND WASTE MATERIAL WITHIN THE CITY OF MORRO BAY. Mr. Kardel, City Attorney, recommended that a resolution be adopted authorizing the staff to prepare the franchise agreement for Mr. Wagner. Mr. White read Resolution No. 116-67 in its entirety MOTION: Councilman Bowen moved for the adoption of Reso- lution No. 116-67. Councilman Keiser seconded-. Mr. White stated a franchise agreement will be. prepared for presentation to the Council on December 12th. A resolution setting forth rates for refuse collection services will be prepared and also presented to the Council for their consideration on December 12th. Mr. White suggested that the staff meet with Mr. and Mrs. Wagner to discuss the rate structure prior to -the meeting of December 12. Roll call vote: AYES: Mayor Pro Tem Bickford, Councilmen Bowen, Keiser & Mallery NOES: None ABSENT: Mayor Surfluh MINUTES - MORRO BAY CITY COUNCIL November 28, 1967 Page Three Discussion held regarding appointing a member of the Council to act as a.committee to meet with Mr. &'Mrs. Wagner and staff. Councilman Keiser indicated she would be willing to serve on the committee. B-2 Joint Powers Agreement for Area Planning Coordinating Council Mr. White stated this item was carried over from the meeting of November 14th, and that copies of the Agreement have been made available to the Council for their consideration prior to this meeting. He then read the Joint Powers Agreement in its entirety. RESOLUTION NO. 117-67. RESOLUTION APPROVING JOINT POWERS AGREEMENT FOR SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING COORDINATING COUNCIL. Mr. White read Resolution No. 117-67 in its entirety. MOTION: Councilman Keiser moved that Resolution No. 117-67 be adopted. Councilman Bowen seconded. Roll call vote: AYES: Mayor Pro Tem Bickford, Councilmen Bowen, Keiser & Mallery NOES: None ABSENT: Mayor Surfluh B-3 RESOLUTION,NO. 118-67. RESOLUTION REQUESTING STATE OF CALIFORNIA TO REQUIRE CERTIFICATE OF ZONING COMPLIANCE FOR OUTDOOR ADVERTISING DISPLAYS WITHIN THE CITY OF MORRO BAY. Mr. White reviewed the action taken previously regarding this matter and also reviewed the recommendations made by the Planning Commission for the benefit of the Council and those present. He then read Resolution No. 118-67 in its entirety. MOTION: Councilman Bowen moved for the adoption of Resolution No. 118-67. Councilman Keiser seconded. Roll call vote: AYES: Mayor Pro Tem Bickford, Councilmen Bowen, Keiser & Mallery NOES: None ABSENT: Mayor Surfluh B-4 RESOLUTION NO. 119-67. RESOLUTION SETTING'DATE AND TIME FOR PUBLIC HEARING ON THE ADOPTION OF THE PUBLIC SERVICES AND FACILITIES ELEMENT AND PARK AND RECREATION ELEMENT OF THE CITY GENERAL PLAN. Mr. White reviewed the recommendations of the Planning Commission MINUTES - MORRO BAY CITY COUNCIL November 28, 1967 Page Four relative to these two elements and stated it would be in order to set a date and time for public hearing by the City Council. He then read Resolution No. 119-67-in its entirety. MOTION: Councilman Mallery moved for the adoption'of Resolution No. 119-67. Councilman Bowen seconded. Roll call vote: AYES: Mayor Pro Tem Bickford, Councilmen Bowen, Keiser & Mallery NOES: None ABSENT: Mayor Surfluh ' B_5 Request from the Morro Bay Chamber of Commerce for quarterly allocation of funds Mr. White stated a letter has been received from the Morro Bay Chamber of Commerce requesting allocation of the second quarterly payment under the provisions of the agreement between the City of Morro Bay and the Chamber. MOTION: Councilman Mallery moved that the second quarterly payment to the Morro Bay Chamber of Commerce be paid. .Councilman Keiser. Mr. White stated this would be in the amount of $2,066.25. Motion passed unanimously. RECESS: 8:52 P.M. RECONVENED: 9:00 P.M. NEW BUSINESS: C-1 ORDINANCE NO. 69. AN ORDINANCE CREATING AND ADDING CHAPTER XII TO TITLE II OF THE MORRO BAY MUNICIPAL CODE ENTITLED, REAL PROPERTY TRANSFER'TAX ORDINANCE. Mr. White stated legislation became effective November 8 allowing' counties to pass an ordinance imposing a documentary stamp tax on the sale of real property, and that the County of San Luis Obispo has adopted such an ordinance to become effective January 1, 1968. He briefly reviewed portions of the ordinance relative to revenues to be returned to the county and city. In that this ordinance re- lates to taxes and revenues, Mr. White stated this would be adopted as an urgency ordinance. Ordinance No. 69 was then read in its entirety. Discussion held. MOTION: Councilman Bowen moved for the adoption of Ordinance No: 69. ..Councilman Keiser seconded.` Roll call vote: MINUTES - MORRO BAY CITY COUNCIL November 28, 1967 Page Five AYES: Mayor Pro Tem Bickford, Councilmen Bowen,_Keiser & Mallery NOES: None ABSENT: Mayor Surfluh C-2 Proposed ordinance for undergrounding utilities Mr. White requested that this matter be tabled at this time until more information is obtained. MOTION: Councilman Mallery moved that this item -be tabled.. Councilman Keiser seconded. Passed unanimously. C-3 Request from League of California Cities for names of appointees to 1968 League Committees Mr. White stated a bulletin has been received from the League of California Cities requesting names for those committees in which cities have interest. Discussion held among members of the Council and ,staff and it was suggested that those members of the Council interested in serving on a League Committee for 1968 submit their preference to the City Administrator. Mayor Surfluh to appoint members to the committees at a later date. C-4 Request for policy decision on use of city facilities and public areas Mr. White stated a request has been received to have the Council clarify policies regarding the use of the Recreation Hall and other public facilities. He reviewed the policies previously established regarding the use of city facilities, stating that one requirement was to provide the city with a certificate of insurance naming the city as an additional in- sured. One organization using the Recreation Hall, the Morro Bay Cooperative Nursery School, has been requested to provide the city with this certificate of insurance. The insurance was'provided but subsequently cancelled without notice to the city. Upon request that the insurance be reinstated, officers of the Nursery School in- formed the city that they felt it was not necessary that they provide insurance coverage for the city for this particular use. Discussion held among members of the Council and staff, and it was requested that the City Attorney report back to the Council regarding whether or not it was stipulated in the Grant Deed and Agreement from the School District to the city that the Nursery School always remain as a part of the use of the Recreation Hall. Discussion also held regarding the -condition and safety.of the play equipment. MINUTES - MORRO BAY CITY COUNCIL November 28, 1967 Page 'Six Councilman Keiser presented Mr. White with a letter received from Mrs. Eleanor Kolb, an officer of the Nursery School. He then read the letter from the city to Mrs. Pearce regarding providing insurance coverage for the city and the letter received from Mrs. Kolb in answer to the city's letter. Further discussion held regarding the feasibility of the city.pro- viding insurance coverage for those organizations using city facilities. MOTION: Councilman Keiser moved that the staff and City Attorney make a study of the cost for insurance coverage for anyone who uses city facilities. Councilman Bowen seconded. Passed unanimously. C-5 Letter regarding decorating Christmas tree at City Recreation Hall Mr. White stated a letter has been received from the Morro Bay Jr. High School Student Body President regarding decorating the live Christmas tree located in front of the Recreation Hall which they presented to the city last year. Discussion held and Mr. White requested authorization to buy decorations for the students to decorate the tree. Said amount not to exceed $20. MOTION: Councilman Mallery moved that we authorize the expenditure of $20 for the Christmas lights for the tree in front of the Recreation Hall. Councilman Keiser seconded. Passed unanimously Mr. White stated that Mr. Dutch Tenhoff has offered to the city a large Christmas tree to place in the City Park for the Chamber of Commerce to decorate. Discussion held regarding planting a live Christmas tree in the Park or other appropriate location. Mr. White stated it would be in order to have the Park and Recreation Commission study the feasibility of planting a Christmas tree. MOTION: Councilman Bowen moved that we refer this to the Park and Recreation Commission for study. Councilman Keiser seconded. Passed unanimously. C-6 Letter regarding "Sister City" Program with the City of Greymouth, New Zealand Mr. White read a letter received from Miss Jackie Mundy regarding the City of Morro Bay becoming the 'Sister City" to Greymouth, New Zealand. Discussion held among members of the Council and staff. MINUTES - MORRO BAY CITY COUNCIL November 28, 1967 Page Seven MOTION: Councilman Mallery moved that we contact the appropriate city officials of Greymouth in conjunction with this "Sister City" Program. Councilman Keiser seconded. Passed unanimously. C-7 RESOLUTION NO. 120-67. RESOLUTION REQUESTING THE POSTMASTER GENERAL TO ISSUE A COMMEMORATIVE STAMP FOR THE 200th ANNIVERSARY OF THE FOUNDING OF THE STATE OF CALIFORNIA' Mr. White stated information has been received from Mayor Frank Curran of San Diego regarding the 200th Anniversary of the Founding of the State of California and requesting that the Morro Bay City Council adopt a resolution requesting that a Commemorative Stamp be issued by the Postmaster General in recognition of this Anniversary. He then read Resolution No. 120-67 in its entirety. MOTION: Councilman Keiser moved for the adoption of Reso- lution No. 120-67. Councilman Bowen seconded. Roll call vote: AYES: Mayor Pro Tem Bickford, Councilmen Bowen, Keiser & Mallery NOES: None ABSENT: Mayor Surfluh C-8 (Added) Mr. White stated that as an information item only, the leases -for two lease sites assumed by the city upon assumption of the jurisdiction of the Morro Bay Sanitary District will expire on November 30, 1967. One is currently being leased to Wayne E. Bickford and the other is being leased to Rowell & Turner Construction Company. They both have renewed their option to renew under the provisions of their respective leases and the rental for Mr. Bickford has been calculated to increase from $696 per year to $742.55 per year and for Rowell and Turner an increase from $300 per year to $318 per year for the next five years. Councilman Mallery asked if all leases are being brought into a uniform standard form as they are renewed. Mr. Kardel stated that to the extent that we can bring them into a uniform standard form we are doing so. INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 (a) Councilman Mallery asked if any further information has been received regarding the establishment of an off -shore fishing grounds. Mr. White stated no information has been received from the Wildlife Conservation Board to date. Councilman Bickford stated he has received a bulletin from the Wildlife Conservation Board and will make copies available to the Council. MINUTES - MORRO BAY CITY COUNCIL November 28, 1967 Page Eight (b) Councilman Mallery also brought to the attention of the Council that the City of Oxnard has been granted seven . and one-half million dollars for urban renewal, and is now before HUD for approval. (c) Mr. Joe Giannini spoke regarding the granting of a franchise for refuse collection to Mr. Wagner, stating he felt it should be put out to bid. Discussion held among members of the Council. No Council action taken. (d) Councilman Mallery spoke regarding the rates to be charged for dockage space at the city pier and boat slips, stating he felt a per foot rate would be more equitable. Discussion field. No action taken. Councilman Bowen left the meeting at 10:20 P.M. due'to illness. (e) Councilman Keiser stated she would be leaving on a trip February 9th and would not returm until March 19th. She re- quested that the Minutes reflect the fact that she has asked for permission to go. Councilman Mallery asked what the law specifies regarding Council people leaving for an extended period of time and whether or not the Council can legally give permission to another member of the Council to be gone longer than the Government Code permits. Discussion held and Mr. Kardel stated he would research the legality of a Council to grant permission to a Councilman to be away 'longer that the Government Code allows and will report back to the Council at the meeting of December 12th. No further action taken at this time. D-2 City Attorney (a) Mr. Kardel requested an executive session'be held at the conclu is on of tonight's meeting to discuss pending litigation. (b) Mayor Pro Tem Bickford asked if the City Attorney -had a report to present to the Council regarding the legality of the city d oing the work on the boat slips. Mr. Kardel stated he has researched this matter and finds that the particular activity on the boat slips is exempt from the Code ,sections Mr. Mallery referred to. D-3 City Administrator (a) Financial Report for the period November 1 through November 15, 1967. MINUTES - MORRO BAY CITY COUNCIL November 28, 1967 Page Nine Councilman Mallery spoke regarding. the three checks listed on the expenditure report for the piling, -stating he had questioned this and found that one of the checks was voided, therefore only two checks were issued. Mr. White stated one item which should be brought to the attention of the Council to preclude any conflict of interest is Check No. 5667 made payable to Bickford Concrete, Inc. for loader rental. He stated this was the only loader available.at the time it was needed, as a large boulder was uncovered on Main Street during the course of street improvements and it had to be moved immediately. Mr. Bickford offered to do it for nothing, but it was.felt it would not be appropriate, therefore the city paid for the rental of the loader though said amount was less than the standard fees for use of a loader. MOTION: Councilman Mallery moved for the adoption of the expenditure report for the period November 1 through November 15, 1967. Councilman Keiser seconded. Motion passed. CORRESPONDENCE: 1. Letter from Assemblyman William Ketchum re: invitation to attend a meeting of all law enforcement agencies on Monday, December 4th in Wasco, California. 2. Letter from the San Luis Obispo County Development Association acknowledging receipt of our letter re: representation of the Morro Bay Press on the County Development Association Tour. 3. Copy of a bulletin from the League of California Cities re: Principles of Municipal Home Rule and Responsibility. 4. Invitation to attend the Governor's Traffic Safety conference to be held December 14th and 15th in Los Angeles. 5. Letter from William W. Reed opposing the compulsory garbage ordinance. 6. Notification of Civil Defense and Disaster Preparedness Courses for the fiscal year 1969. 7. Letter from R. J. Datel, Division of Highways, re: support of the City Council on Assembly Bill No. 2454, Gas Tax Street Improvement Program. 8. Letter from J. A. Legarra, Division of Highways; requesting a report from the City before May 1, 1968 re: progress in. construction or improvement of roads and streets; estimate of road or street needs for the next five years; and a projected estimate of road or street needs for the next ten years. MINUTES - MORRO BAY CITY COUNCIL November 28, 1967 Page Ten 9. Copy of a book, Recommended Roles for California State Government in Federal Urban Programs, from the Intergovernmental Council on Urban Growth. 10. Copy of the minutes of the Harbors and Watercraft Commission meeting held October 16, 1967. 11. Letter of appreciation from Dr. George L. Harper, San Luis Obispo County Health Department, re: "Strike Out Measles" campaign. 12. Notice from Mayor Pro Tem William J. McCann of Sante Fe Springs, California re: program "Battle of the Badge" to be televised on November 29th. 13. News release from the Fish and Game Commission re: 1968 Sport Fishing Regulations Determinations. 14. Agenda of the Fish & Game Commission meeting to be held December 8, 1967. 15. Copy of the minutes of the Fish & Game Commission meeting held July 28, 1967. 16. Copy of the minutes of the Fish & Game Commission meeting held August 25, 1967. MOTION: Councilman Mallery moved that the correspondence be filed. Councilman Keiser seconded. Motion passed. ADJOURNMENT: Mayor Pro Tem Bickford entertained a motion to adjourn to executive session. MOTION: Councilman Keiser moved to adjourn to executive session. Mayor Pro Tem Bickford seconded. Motion passed. Meeting adjourned at 10:37 P.M. RECORDED BY; C. TED WHITE, City Clerk �C�cyra�il Sri J%,�e& DAISY(/M. SCHACHT, Deputy City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING November 14, 1967 7:30.P.M., Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES: 1. Regular meeting of October 24, 1967 2. Special meeting of November 3, 1967 HEARINGS, APPEARANCES AND REPORTS: A-1 Report on 1967 City Recreation Program by Recreation Director A-2 Report and recommendations from City Planning Commission re: State Outdoor Advertising Act A-3 Introduction of new area representative for P. G. & E. UNFINISHED BUSINESS: B-1 Ordinance No. 67, Amending Sections of the Water -Ordinance, Standard Improvement Specifications and Drawings Ordinance, and the Animal Control Ordinance (2nd.reading) B-2 Ordinance No. 68, Amending the Zoning Map of the City of Morro Bay, Lots 30 thru 34, Block 3, Morro Heights Tract (2nd reading) B-3 Ordinance No. 64, Refuse Collection Ordinance ,(Revised) B-4 Resolution Authorizing Purchase of Property for City Water Well B-5 Resolution Approving Plans and Specifications for Construction of Street Improvements, Main Street, Select System Project No. 28 B-6 Resolution Ordering Change of Grade, Main Street, Select System Project No. 28 B-7 Resolution Giving Notice of Completion, Street Maintenance, Select System Project No. 38 B-8 Request consideration of joint powers agreement for area planning council NEW BUSINESS: C-1 Request authorization to rent a building for display and work of Cal Poly planning team C-2 Request of E. Evenson to assign Lease Sites No. 61 and 61-W to. Morro Bay Yacht Club C-3 Letter re: County Development Association Tour and lack of representation by local news media C-4 Letter of invitation to meeting with Belon Oyster Co. from Supervisor Kidwell C-5 Resolution establishing rental rates for City owned piers, docks and boat slips INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report CORRESPONDENCE: ADJOURNMENT: CALENDAR . 1. City Council Meetings: November 28 and December 12, 1967 2. Planning Commission Meetings: November 21 and December 5_, 1967. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting 11 November 14, 1967 7:30 P. M. Morro Bay Recreation Hall The Meeting was called to order at 7:35 P.M. with the Pledge of Allegiance. Mayor Surfluh gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Keiser', Mallery and Mayor Surfluh ABSENT: None MINUTES: Minutes of the regular meeting of October 24, 1967 and special meeting of November 3, 1967, were considered by the Council. Mayor Surfluh asked if there were any corrections to be made to'either of said minutes. There being none, he entertained a motion to dispense with the reading of said minutes and to approve them as written. MOTION: Councilman Bickford moved to dispense with the reading of the minutes of October 24 and November 3, 1967 and to approve them as written. Councilman Keiser seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS: A-1 Report on 1967 City Recreation Program by Recreation Director Mr. Boone, Recreation Director, reviewed the recreation program activities and attendance for the year 1966-67 for the benefit of the Council and those present. Discussion held among members of the Council and Mr. Boone regarding the success of the recreation program. Slides were also shown relating to various activities sponsored by the recreation department during the past two years. No Council action necessary. A=2 Report and recommendation from City Planning Commission re: State Outdoor Advertising Act Mr. White stated a letter was received in October from the State Department of Public Works regarding amendments to the State Outdoor Advertising Act, which letter was referred to the Planning Commission for their study, review and recommendations back to the City Council. This matter was discussed at the Planning Commission meeting held October 10, 1967, and it was their recommendation that a resolution be prepared requiring that applicants for 'State Outdoor Advertising permits for signs to be located within the City Limits present a MINUTES - MORRO BAY CITY COUNCIL November 14, 1967 Page Two certificate of local zoning compliance issued by the City Planning Department. Mr. White stated that if it is the Council's wish, a resolution - will be prepared for presentation at the next meeting. Discussion held, after which the Council directed staff to prepare a report and resolution for the Council's consideration. A-3 Introduction of new area representative for P. G. & E. Mr. Roy Whitford, sales representative for P. G. & E., introduced Mr. Ben Rodgers, the new P. G. & E. service representative for the coastal area. Mayor Surfluh welcomed Mr. Rodgers to Morro Bay on behalf of the Council. UNFINISHED BUSINESS: B-1 ORDINANCE NO. 67. AN ,ORDINANCE AMENDING SECTIONS 9102, 9105, 9106, 9 7, 9108, 9110, 9111, 9113, 9117, 9123, 9300 and 11132, AND DELETING SECTIONS 9124 AND 9125 OF THE MORRO BAY MUNICIPAL CODE. Mr. White reviewed the purpose for amending said ordinances and stated this ordinance was introduced and read for the first time at the Council meeting held October 24th. He stated it would be in order to read by title only to constitute the second reading. MOTION: Councilman Bowen moved that Ordinance No. 67 be read by title only. Councilman Bickford seconded. Roll call vote: passed unanimously. Mr. White then read Ordinance No. 67 in its entirety, said reading to constitute the second reading. MOTION: Councilman Bickford moved for the adoption of Ordinance No. 67. Councilman Bowen seconded. Roll call vote: passed unanimously. B-2 ORDINANCE NO. 68. AN ORDINANCE AMENDING•THE ZONING MAP OF THE CITY OF MORRO BAY (LOTS 30 THROUGH 34, BLOCK 3, MORRO HEIGHTS TRACT) Mr. White stated this ordinance was introduced and read for the first time at the Council meeting held October 24. Mr. White then read Ordinance No. 68 in its entirety to constitute the.,second reading. MOTION: Councilman Bickford moved for the adoption of Ordinance No. 68. Councilman Keiser seconded. "Roll call vote: passed unanimously. MINUTES - MORRO BAY CITY COUNCIL November 14, 1967 Page Three B-3 ORDINANCE NO. 64. AN ORDINANCE CREATING CHAPTER II TO TITLE III OF THE MORRO BAY MUNICIPAL CODE ENTITLED REFUSE ORDINANCE Mr. White stated that by direction of the Council staff has prepared a non -compulsory refuse ordinance for the storage, collection and disposal of refuse within the city. He reviewed sections which were amended or 'added to the revised ordinance for the benefit of the Council and those present. Lengthy discussion held among members of the Council and staff rela- tive to the burning of garbage and rubbish, frequency of disposal within a given period of time and wrapping of garbage and storage time. After discussion, it was the determination of the Council that this ordinance be referred back to staff for further revision regarding the burning of rubbish and the frequency of disposal.of garbage within a given period of time. B-4 RESOLUTION NO. 109-67. RESOLUTION APPROVING AGREEMENT AND GRANT OF REAL PROPERTY BY AND BETWEEN L. V. ROMERO AND A. E. ROMERO AND THE CITY OF MORRO BAY. Mr. White stated a proposal to purchase property adjacent to an existing city water well was presented to the Council at their meeting held October 24th. An offer has been received from Louis V. Romero and Agnes E. Romero in the amount of $2,700 for said property. The necessary papers and title report have been received and approved by, the City Attorney. He then read Resolution No. 109-67 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 109-67. Councilman Bowen seconded. Roll call vote: passed unanimously. RESOLUTION NO. 110-67. RESOLUTION ACCEPTING DEED FROM L. V. ROMERO AND A. E. ROMERO Mr. White read Resolution No. 110-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 110-67. Councilman Mallery seconded. Roll call vote: passed unanimously. B-5 RESOLUTION NO. 111-67. RESOLUTION APPROVING PLANS AND AUTHORIZING ADVERTISEMENT FOR BID FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON MAIN STREET BETWEEN SURF STREET AND QUINTANA„ROAD, SELECT SYSTEM PROJECT NO. 28 u 46 MINUTES - MORRO BAY November 14, 1967 Page Four CITY COUNCIL Mr. White briefly reviewed Select System Project No. 28 for.the benefit of the Council and those present, stating that all pro- visions of the Change of Grade Act of 1909 have been met and no protests were received within the time period specified. It would now be in order to adopt a resolution approving the plans and specifications and authorizing staff to advertise for bids. He then read Resolution No. 111-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 111-67. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser and Mayor Surfluh NOES: Councilman Mallery ABSENT: None B=6 RESOLUTION NO._li2-67. RESOLUTION ORDERING CHANGE OF GRADE ON MAIN STREET BETWEEN SURF STREET AND QUINTANA ROAD, S. S. PROJECT NO. 28 Mr. White read Resolution No. 112-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 112-67. Councilman Bowen' seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser and Mayor Surfluh NOES: Councilman Mallery ABSENT: None B-7 RESOLUTION NO. 113-67. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR APPLYING BITUMINOUS SEAL TO VARIOUS STREETS IN THE CITY OF MORRO BAY . (SELECT SYSTEM PROJECT NO. 38) Mr. White briefly reviewed this project for the benefit of the Council and those present. He then read Resolution No. 113-67 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 113-67. Councilman Bickford seconded. Roll call vote: passed unanimously. B=8 Request consideration of joint powers agreement for area planning council Mr. White reviewed the action taken previously relative to this joint powers agreement. Due to the fact that copies of the agreement were not available for the Council's consideration, Mr. White asked that this matter be deferred to the next regularly scheduled meeting. MINUTES - MORRO BAY CITY COUNCIL November 14, 1967 Page Five MOTION: Councilman Mallery moved that this matter be deferred to the meeting of November 28, 1967. Councilman Bickford seconded. Passed unanimously. RECESS: 8:56 P.M. RECONVENED: 9:06 P.M: NEW BUSINESS: C-1 Request authorization to rent a building for display and work of Cal Poly Planning Team Mr. White read the memo addressed to the 'City Council from M. J. Little requesting allocation of funds to rent a building for the Cal Poly Planning Team. The memo set forth the purpose and need for the building and also set forth the projects which have been assigned to the planning team. Estimated cost for rent is $700. Mr. White stated this would not require a transfer of funds as these funds were budgeted for and have not been used. Mr. White further stated that application has been made by the planning team to America the Beautiful for a grant in the amount of $1,500. If the grant is received, the city would have to match it. To date, no reply has been received. .Lengthy discussion held among members of the Council and staff'rela- tive to estimated cost of rental and the buildings under consideration. MOTION: Councilman Bickford moved to approve this request for the allocation of funds for the rent of a building for approximately a six month period. Councilman Keiser seconded. Passed unanimously. C-2 RESOLUTION NO'. 114-67. RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM EVERETT EVENSON TO THE MORRO BAY YACHT CLUB (LEASE SITES 61 and 61-W) Mr. White stated a request has been received from Everett Evenson to assign his leasehold interest in Lease Sites 61 and 61-W to the Morro Bay Yacht Club.. Discussion held. Mr. White then read Resolution No. 114-67 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 114-67. Councilman Bickford seconded. Roll call vote: passed, unanimously. C-3 Letter re: County Development Association Tour and lack of representation by local news media Mr. White read a letter received -from Mrs. Margaret Barberick of the P 46 MINUTES - MORRO BAY CITY COUNCIL November 14, 1967 Page Six J Morro Bay Bulletin relating the fact that the Morro Bay news media were not invited to participate in the.activities of the San Luis Obispo County Development Association Tour on October 20th which was held for the representatives of the major news media from San Francisco and Los Angeles. Discussion held. Bill Harwood of The Sun stated they were invited to participate on the day before the tour, but due to the timing could not have a representative present. After further -discussion, it was the,determination of the Council that staff write to the Director of the Development Association advising him of the fact that the news media in Morro Bay were not notified regarding the tour in sufficient time so they could have a representative present. C=4 Letter of invitation to meeting with Belon Oysters Company from Supervisor Kidwell Mr. White stated a letter was received from Supervisor Kidwell in- viting the Council to meet with representatives of Belon Oysters Company on Wednesday, November 22 at 1:00 p.m. in the Board Conference Room at the Courthouse Annex regarding the cultivation of oysters within Morro Bay Harbor. Mr. White reviewed action taken previously relative to this matter for the benefit of the Council and those present. Councilman Mallery stated he would attend this meeting, and Mr. White advised the Council that staff would also attend. C-5 RESOLUTION NO. 115-67. RESOLUTION ESTABLISHING,RENTAL RATES FOR CITY OWNED PIERS AND BOAT SLIPS Mr. White requested that the Council consider rates to be charged for rental of mooring spaces at the City T Pier and the boat slips now under construction. He then reviewed the proposed charges for, daily, monthly and annual rental of mooring spaces. Lengthy discussion held among members of the Council and staff re- garding the rates to be charged, after which it was determined to change "annual lease" to "monthly rental" on the boatslips and to strike paragraph 5, "Preference for rental and leasing of city owned boat slips shall be given to local owners whenever possible". Mr. White then read Resolution No. 115-67 in its entirety. MOTION: Councilman Mallery moved to strike paragraph 5 and to adopt Resolution No. 115-67 as amended. Councilman Keiser seconded. Roll call vote passed unanimously. MINUTES - MORRO BAY CITY COUNCIL November 14, 1967 Page Seven C-6 (Added) Proclamation re: "Farm -City Week" Mr. White stated this was an information item only. The week of November 17 through 23 has been proclaimed as ."Farm -City Week". INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council (a) Councilman Keiser made inquiry regarding the City -State Agreement. Mayor Surfluh notified, -the Council that a meeting will be held on the 21st of November to resolve the legal description and.to finalize the settlement. (b) Councilman Mallery related his experiences•on his vaca- tion for the members of the Council and those present. D-2 City Attorney Mr. Giehs stated a suggested city ordinance imposing a documentary stamp tax on the sale of real property has been received from the League of California Cities which would be effective January 1, 1968. He suggested that staff prepare an ordinance for the Council's consideration. Said ordinance to be presented to the Council on November 28, 1967. D-3 City Administrator (a) Financial Report for the period October 16 through October 31, 1967. a MOTION: Councilman Bickford moved for the adoption of the Financial Report for the period October 16 through October 31, 1967. Councilman Keiser seconded. Passed unanimously. (b)(added) Mr. White requested authorization for payment of $2,700 to Mr. & Mrs. Louis V. Romero for the purchase of property fora city water well, stating this would be a transfer of funds from the Unbudgeted Reserve to the Active Account. MOTION: Councilman Bowen moved to transfer the amount of $2,700 from the Unbudgeted Reserve for the purpose of paying for the purchase of real property from Mr. & Mrs. Romero. Councilman Mallery seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL November 14, 1967 Page Eight CORRESPONDENCE: 1. Letter from the Morro Bay Lions Club re: cooperation of city departments during the Halloween Parade. 2. Letter from Senator Murphy in response to our letter re: sonic booms. 3. Letter from Mr. R. B. Frankum, Assistant to the Governor, acknowledging receipt of our letter regarding sonic booms. 4. Copy of the minutes of the Morro Bay Chamber of Commerce meeting held October 2, 1967. 5. Notice of the meeting of the Harbors and Watercraft Commission to be held November 27, 1967. 6. Copy of the Agenda for the meeting of the San Luis Obispo County Water Resources Advisory Committee held November 7, 1967. 7. Letter from Senator Thomas Kuchel re: sonic booms. 8. Letter from Congressman Burt Talcott re: Tax Sharing Program. 9. Letter from the Morro Bay Junior -Senior High School re: cooperation of city departments during their Homecoming Parade activities. 10. Notice of meeting of Rabies Advisory Committee for Region III to be held November 16, 1967. MOTION: Councilman Bowen moved that the correspondence be filed. Councilman Bickford seconded. Passed unanimously. Councilman Keiser asked the staff to write to the High School telling them how much the citizens appreciate the band participating in the parade. ADJOURNMENT: MOTION: Councilman Bickford moved that the meeting be adjourned. Councilman Bowen seconded. Passed unanimously. Meeting adjourned at 9:56 P'.M. RECORDED BY: C. TED WHITE, City Clerk AISY SCHACHT, Deputy City Clerk 0 i NOTICE OF SPECIAL MEETING Under the provisions of Section 54956 of the Government Code, NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Morro Bay will be held on Friday, November 3, 1967, at 8:00 P.M. in the Morro Bay City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matter: 1. Resolution of Consent to Participate in County Services Area for Ambulance Service. J. S. SURFLUH, Mayor City of Morro Bay By 0 Q51Q zAa C. TED WHITE, City Clerk City of Morro Bay, Calif. October 31, 1967 I MINUTES - MORRO BAY CITY COUNCIL Special Meeting November 3, 1967 8:00 P. M. City Hall Conference Room PRESENT: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh ABSENT: Councilman Mallery Staff members present: C. Ted White; City Administrator; Paul. Giehs, City Attorney. Also in attendance were: Supervisor E. L. Kidwell; Steven Cool, Deputy District Attorney; and Glenn Coonce, President of the Morro Bay Chamber of Commerce. • Mayor Surfluh requested Supervisor Kidwell to review the program to provide emergency ambulance service for the coastal area of San Luis Obispo County, to include the City of Morro Bay. Supervisor Kidwell reviewed what'has gone on in the past and his efforts over the past ten months to encourage the establishment of an ambulance service in Morro Bay to serve the' -greater Morro Bay area. His efforts have been directed toward the formation of a county services area to include the City of Morro Bay, extending to Cayucos on the north and Baywood Park -Los Osos on the south'. He informed the Council that in order for the residents of the City of Morro Bay to participate in this county services area, the City of Morro Bay is being asked to pass. a resolution of consent to be included in the proposed county services area no. 15. The hospital district boundaries and the procedures to follow toward formation were discussed and reviewed'by Steven Cool. Comments were made by Mr. Cool and Mr. Giehs relative to"the formation and mainten- ance of a county services district in which the city would participate. Speaking in opposition to the participation by the city in a county services area were Joe Giannini and Hugh Case. David Flock, owner and operator of Jones Ambulance Service of San Luis Obispo, spoke and stated he did not feel the greater Morro Bay area required ambulance service to be located in the coastal area and that he was providing adequate service from the City of San Luis Obispo. Conversation was held regarding subsidies and methods of operation and what was available to the district to provide the emergency ambulance service. Supervisor Kidwell stated there are three alternative methods in which to provide said service. (1) The district would establish a service by purchasing the ambulance and providing personnel to operate it; (2) a subsidy could be paid an ambulance operator on a monthly basis, and (3) a joint exercise of powers act could be entered.into by and between the district and the city that would give the power to provide the ambulance service by municipal employees to the district. MINUTES-- MORRO Special Meeting Page Two BAY CITY COUNCIL November 3, 1967 MOTION: Councilman Bowen moved that Resolution of Consent To Be Included In The Proposed Formation Of San Luis Obispo County Services Area No. 15 For Emergency Ambulance Service be read in its entirety. Councilman Keiser seconded. Motion carried. The City Administrator'read the aforementioned resolution in its entirety. Further discussion held. MOTION: Councilman Keiser moved that the Resolution of Consent just read be adopted. Seconded by Councilman Bickford. Roll call vote: AYES: Councilmen Bickford and Keiser NOES: Councilman Bowen and Mayor Surfluh' ABSENT: Councilman Mallery Mayor Surfluh notified those present that it was a tie"vote, therefore the matter before the Council at this meeting would not be further considered at this time. He stated he would entertain a motion to direct staff to contact a,private contractor'to determine if the ambulance service could be provided in some other manner. Mayor Surfluh was notified by the City Attorney that this was an improper subject for this meeting as it was not listed on'the Agenda. No further action was taken. Glenn Coonce, President of the Morro Bay Chamber of Commerce, and Henry Pitzer, representing the senior citizens,'spoke at some length in favor of the program presented to.provide ambulance service within the city. There being no further business to come before the City Council at this time, Mayor Surfluh entertained a motion to adjourn. MOTION: Councilman Keiser moved that the meeting be adjourned. Councilman Bickford seconded. Motion carried. Meeting adjourned at 9:37 P.M. RECORDED BY: 0" Z � )k, C. TED WHITE, City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Tuesday, October 24, 1967, 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 proposed Land Use, Circulation and Civic Center elements of the General Plan, at which said public hearing any person interested may appear and express their views for, against or in modification of the proposed Land Use, Circulation and Civic Center elements of the General Plan. Dated: October 11, 1967 C. TED WHITE, City Clerk City of Morro Bay, Calif. E CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 24, 1967 7:30 P. M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call 00 U 1001 1. Regular meeting of October 10, 1967 HEARINGS, APPEARANCES AND REPORTS A-1 Public hearing on request to rezone Lots 30 thru 34, Block 3, Morro Heights Tract, City of Morro Bay A-2 Public hearing on -the adoption of the Land Use, Circulation and Civic Center Elements of the General Plan A-3 Appearance of Morro Bay Taxpayers Association re: proposed Refuse Collection Ordinance A-4 Consideration of proposed Refuse Collection Ordinance (Continued from meeting of September 12, 1967) UNFINISHED BUSINESS B-1 Information and response to letters re: sonic booms B-2 Letters in support of Federal Tax Sharing program from Federal and State Legislators B-3 Request and recommendation of the City Planning Commission re: photograph and plaque in honor of Jesse Drake NEW BUSINESS C-1 Ordinance No. 67, An Ordinance Amending Sections of.the Water Ordinance, Standard Improvement Specifications and Drawings Ordinance, and the Animal'Control Ordinance C-2 Letter and request for a resolution re: County Health Department's efforts to "Strike Out Measles" from County Health Officer C-3 Invitation to participate in Cayucos Centennial Parade C-4 Notice of public hearing,.State Assembly Committee on Elections and Reapportionment C-5 Renewal of annual Use Permit Agreement to Regal Sea Food Co. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: November 14 and 28, 1967 2. Planning Commission Meetings: November 7 and 21, 1967 MINUTES - MORRO BAY CITY COUNCIL, Regular Meeting October 24, 1967 7:30'P.M. Morro Bay Recreation Hall The meeting was called to order at 7:31 P.M. with the Pledge of Allegiance. Mayor Surfluh gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None MINUTES: Minutes of the regular meeting of October 10, 1967, were,considered by the Council. Mayor Surfluh asked if there were any corrections to be made to said minutes. There being none, he entertained a motion to dispense with the reading of the minutes and to -approve them as written. MOTION: Councilman Mallery moved to dispense with the reading of the minutes and to approve them as written. Councilman Bickford seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS: A -la Presentation of Award to Detective John Marsden Added) Mayor Surfluh presented a Plaque and Bronze Medal to Detective John Marsden for his participation in the first annual California Police Olympics held in San Diego, California on October 12, 1967, in which he placed second in the High Jump event. A_1 Public hearing on request'to rezone Lots 30 thru 34, Block 3, Morro Heights Tract, City of Morro Bay. Mr. White reviewed the action taken previously on the request for rezoning of the abovementioned property, and stated it would bein order to open the hearing at this time to consider the matter of. amending the Zoning Map to change the zoning of'Lots 30 thru 34, Block 3, Morro Heights Tract, from R-1 and R-2 to R-4, S-8. Mayor Surfluh declared the public hearing open at 7:35 P.M.'and asked if there was anyone in the audience who wished to speak for or against the rezoning of said property. No person spoke either in favor of or in opposition to the proposed zone.change. Brief discussion held. Mayor Surfluh declared the hearing closed at 7:37 P.M. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October N , 1967 Page Two ORDINANCE NO. 68. AN ORDINANCE AMENDING -THE ZONING MAP OF THE CITY OF MORRO BAY (LOTS 30-THROUGH 34, BLOCK 3, MORRO HEIGHTS TRACT) Mr. White read Ordinance No. 68 in its.entirety. MOTION: Councilman Mallery moved that.this be accepted as the first reading of Ordinance No. 68. Councilman Bickford seconded. Roll call vote: passed unanimously. Second reading to be heard November 14, 1967 A-2 Public hearing on the adoption of the Land Use, Circulation, Transportation and Civic Center Elements of the General Plan. Mr. White reviewed the action taken by the Planning Commission re- garding this matter and requested that the transportation element also be included for consideration by the Council at this time. Mr. White stated it would be inorderto have Mr. Larry Wise of Hahn, Wise and Associates discuss the proposed elements prior to opening the public hearing. Mr. Wise reviewed the purpose of each of the aforementioned elements for the benefit of the Council and those present, stating that the plans as presented are not regulatory but are designed to be used as guidelines for the future. Mayor Surfluh declared the public hearing open at 7:51 P.M. and asked if any member of the Council or audience wished to make any comments. Lengthy discussion held among members of the Council, staff and audience, and Mr. Wise, regarding the proposed Land Use, Circulation, Transportation and Civic Center elements of the General Plan. Mayor Surfluh declared the public hearing closed at 8.:33 P.M. MOTION: Councilman Bowen moved that Resolution No. 106-67 be read in its entirety. Councilman Keiser seconded. Roll call vote: passed unanimously. RESOLUTION NO. 106-67. RESOLUTION ACCEPTING RECOMMENDATION OF PLANNING COMMISSION AND ADOPTING LAND USE, CIRCULATION, TRANSPORTATION AND CIVIC CENTER ELEMENTS OF GENERAL PLAN. Mr. White read Resolution No. 106-67 in its entirety. MOTION: Councilman Bowen moved for the adoption of Reso- lution No. 106-67. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser and Mayor Surfluh NOES: Councilman Mallery ABSENT: None MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 24, 1967 Page Three A-3a Councilman Bickford requested permission to make comments Added) on the proposed refuse ordinance prior to the scheduled appearance of the Morro Bay Taxpayer's Association and the public hearing. Mayor Surfluh stated a motion amending the Agenda would be in order allowing Councilman Bickford to make comments regarding the proposed refuse collection ordinance. MOTION: Councilman Bowen moved that the Agenda be amended to allow Councilman Bickford to make said comments. Councilman Keiser seconded. Roll: call vote: Passed unanimously. Comments were heard from Councilman Bickford regarding the many protests he had received regarding the compulsory features of the proposed garbage ordinance, after which the following motion was made: MOTION: Councilman Bickford moved that we table the refuse collection ordinance currently under consideration and instruct the staff to prepare a regulatory, non -compulsory ordinance for the Council's early consideration. Councilman Keiser seconded. Discussion held among members of the City Council. Roll call vote: passed unanimously. A-3 Appearance of Morro Bay Taxpayers Association re: proposed Refuse Collection Ordinance. Mr. D. C. Peck stated that due to Councilman Bickford's motion, they would withdraw their request for an appearance before the City Council. A-4 Consideration of proposed Refuse Collection Ordinance (Continued from meeting of September 12, 1967) MOTION: Councilman Mallery moved to dispense with this item on the Agenda. Councilman Bickford seconded. Passed unanimously. RECESS: 8:43 P.M. RECONVENED: 8:55 P.M. Councilman Bowen left the meeting at 8:50 P.M. due to illness in his family. Mayor Surfluh stated he was asked by Mr. Clarence Bringle if he could make a brief statement regarding the proposed refuse collection 41 MINUTES - MORRO Regular Meeting Page Four BAY CITY COUNCIL October 24, 1967 ordinance. He stated a motion would be in order allowing Mr. Bringle time on the Agenda. MOTION: Councilman Bickford moved that Mr. Bringle be per- mitted to make a statement. Councilman Keiser seconded. Passed unanimously. Mr. Bringle suggested to the Council that they have a "City Clean Up Week", that it be given wide news coverage, that possibly a city truck and volunteers could go to the spots where refuse has been dumped illegally and clean it up, or get the people who own the property to clean it up. Discussion held, and Councilman Keiser suggested that the school P.T.A.'s and civic organizations be asked to help in this program. No further action taken at this time. UNFINISHED BUSINESS: B-1 Information and.response to letters re: sonic booms Mr. White stated letters have been received from the Department of the Air Force; Congressman Talcott, with a copy of a letter from Colonel John J. Shaugnessy of the United States Air. Force; Senator Thomas H. Kuchel; State Assemblyman William Ketchum; and State Senator Donald Grunsky, with a copy of a letter written by him to Congressman Talcott,in response to letters sent to our Federal and State Legislators and to the Secretary of Defense regarding the sonic booms experienced over the Morro Bay area. The aforementioned correspondence confirmed that the sonic booms recently experienced will no longer occur over this area, as the Air Force testing program has been completed. Occasional booms may be heard from operational aircraft. No action required by the Council. B-2 Letters in support of Federal Tax Sharing Program from Federal and State Legislators Mr. White stated letters have been received from Senators Thomas Kuchel and.George Murphy, and from State Senator Donald Grunsky regarding support of Assembly Joint Resolution 29, the Federal Tax Sharing Program. No Council action required at this time. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 24, 1967 Page Five B-3 Request and recommendation of the City Planning Commission re: photograph and plaque in honor of Jesse Drake . Mr. White read the report and recommendation of the Planning Commission regarding placing a photograph and plaque in the City Hall to honor Jesse Drake. Lengthy discussion held among members of the Council and staff re- garding a memorial to Jesse Drake, and it was suggested that either a park or street be named in his honor. MOTION: Councilman Mallery moved to defer this matter until November 28, 1967. Councilman Keiser seconded. Passed unanimously. NEW BUSINESS: C-1 ORDINANCE NO. 67. AN ORDINANCE AMENDING SECTIONS.OF THE WATER ORDINANCE, STANDARD IMPROVEMENT SPECIFICATIONS AND DRAWINGS ORDINANCE AND THE ANIMAL CONTROL ORDINANCE Mr. White reviewed the memos submitted to the Council on October 6 and 10, 1967, regarding the proposed changes in the abovementioned ordinances. He stated it would be in order to accept this for the first reading by reading it either by title only or in its entirety at this time. MOTION: Councilman Mallery moved that we read Ordinance No. 67 by title only. Councilman Bickford seconded. Roll call.vote: AYES: Councilmen Bickford, Keiser, Mallery and Mayoi Surfluh NOES: None ABSENT: Councilman Bowen Mr. White then read Ordinance No. 67 by title only. MOTION: Councilman Bickford moved to accept this as the first reading of Ordinance No. 67. Councilman Mallery seconded. _Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bowen Second reading to be heard November 14, 1967. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October•24, 1967 Page Six C-2 Letter and request for a resolution re: County Health Department's efforts to "Strike Out Measles" from County Health Officer. Mr. White read a letter received from Dr.. George L. Harper, - County Health Officer, requesting that the Council pass.a reso- lution ordering the abolition of measles. RESOLUTION NO. 107-67. RESOLUTION ORDERING THE ABOLITION OF MEASLES. MOTION: Councilman Mallery moved that we read Resolution No. 107-67 in its entirety., Councilman Bickford seconded. Passed unanimously. Mr. White read Resolution No. 107-67 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 107-67. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Bowen C-3 Invitation to participate in Cayucos Centennial Parade Mr. White stated an invitation has been received for the City Council to participate in the Cayucos Centennial Parade to be held October 28, 1967. Discussion held among members of the Council and staff relative to organizations such as the Chamber of Commerce and the service clubs participating in various parades. MOTION: Councilman Keiser moved that the staff be in- structed to write letters to the various organizations regarding entering and repre- senting the City of Morro Bay in parades. Councilman Bickford seconded. .Passed unanimously. C-4 Notice of Public Hearing, State Assembly Committee on Elections and Reapportionment. Mr. White stated a Notice of Public Hearing was received relative to hearings on Congressional Reapportionment. The hearing for our Congressional District will be held in Fresno on October 26, 1967. No Council action required. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 24, 1967 Page Seven C-5 Renewal of annual Use Permit Agreement ,to Regal Sea Food Company Mr. White reviewed the Use Permit Agreement for the benefit of the Council and those present and stated it would be in order to extend the Agreement for a one year period in the same form as it now exists. He further stated that a lease is being drafted to present to Regal Sea Food Company which would replace the annual use permit agreement. Discussion held regarding.the repairs to be made to the dock. RESOLUTION NO. 108-67. RESOLUTION APPROVING GRANT OF USE PERMIT TO REGAL SEA FOOD COMPANY Mr. White read Resolution No. 108-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 108-67. Councilman Mallery seconded. Roll call vote: AYES: Councilmen Bickford, Mallery and Mayor Surfluh NOES: Councilman Keiser ABSENT: Councilman Bowen INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council a. Councilman Keiser commented on the meetings she attended during the League Conference in San Francisco, stating they were very informative and worthwhile. b. Councilman Bickford informed the Council that he has talked to Mr. Ebert about establishing an off -shore fishing ground and as soon as more information is pre- sented to him, he will pass it on to.the Council. D-2 City Attorney Mr. Giehs stated he had nothing to present to the Council at this time. D-3 City Administrator a. Financial Report for the period October 1, 1967 through October 15, 1967. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 24, 1967 Page Eight MOTION: Councilman Bickford moved for the approval of the Financial Report for the period October 1, 1967 through October 15, 1967. Councilman Mallery seconded. Passed unanimously. CORRESPONDENCE: 1. Letter directed to Mr. Spellacy from the Morro Bay Garden Club regarding the city assuming the responsibility of caring for the plantings at the junction of Harbor Street and Morro Bay Boulevard and at the base of the Service Club Signboard at Morro Bay Boulevard and Quintana Road, as per agreement. MOTION: Councilman Bickford moved to instruct staff to prepare an appropriate resolution expressing appreciation to the Morro Bay Garden Club. Councilman Keiser seconded. Passed unanimously. 2. Copy of the Agenda of the Fish and Game Commission meeting to be held 'November 3, 1967. • . 3. Copy of the Minutes of the Fish and Game Commission meeting held June 30, 1967. 4. Copy of.the Oral Recommendations of the Fish and Game Commission re: sport fishing regulations for the 1968 season. 5. Copy of the Division of Highway's Circular Letter No. 67-203 dated October 4, 1967 re: legislation modifying gas tax pro-, grams available to cities and counties. MOTION: Councilman Bickford moved that the correspondence be filed. Councilman Mallery seconded. Passed unanimously.. ADJOURNMENT: MOTION: Councilman Bickford moved for adjournment. Council- man Keiser seconded. Passed unanimously. Meeting adjourned at 9:42 P.M. RECORDED BY: C. TED WHITE, City Clerk By XqUi4.11 M, DAISY M. SCHACHT, DEPUTY CITY CLERK CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING October 10, 1967 7:30 P. M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES: 1. Minutes of regular meeting held September 26, 1967 UNFINISHED BUSINESS: B-1 Resolution in memory of Jesse E. Drake B-2 Resolution recommending change of zoning and setting date for hearing (Lots 30 to 34, Block 3, Morro Heights, request of Bercha Riley) B-3 Minute Order of Board of Supervisors unanimously approving formation of an area wide Planning Council NEW BUSINESS: C-1 Resolution setting date for public hearing on the adoption of the Land Use, -Circulation and Civic Center elements of the General Plan C-2 Request for approval of sublease of portions of Lease Sites 93 to 95 and 93W to 95W from Mildred Conger (nee Graham) C-3 Resolution of intention to order a change of grade on Main Street, Select System Project No. 28 C-4 Request from Morro Bay Lions Club to conduct annual Halloween Parade C-5 Request from Morro Bay High School to conduct annual Homecoming Parade C-6 Request approval of agreement for annual audit C-7 Request approval to purchase property for installation of City water well C-8 Petition protesting adoption of proposed garbage ordinance INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council D-2 City Attorney D-3 City Administrator ' a. Financial Report b. Transfer CORRESPONDENCE: ADJOURNMENT: CALENDAR 1. City Council Meetings: October 24 and November 14, 1967 2. Planning Commission Meetings: October 17 and November 7, 1967 NOTICE OF PUBLIC HEARING. NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a Public Hearing on Tuesday, October 24, 1967, at 7:30 P.M. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay California, to consider the matter of amending the Zoning Ordinance of the Morro Bay Municipal Code to change the zoning of Lots 30,. 31, 32, 33 and 34, Block 3, Morro Heights Tract, Morro Bay, California. October 10, 1967 C. TED WHITE, City Clerk City of Morro Bay, Calif. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting ' October 10, 1967 7:30 P. M. Morro Bay Recreation Hall The meeting was called to order at 7:31 P.M. with the Pledge of Allegiance. Mayor Surfluh'gave the invocation. PnT.T. f`n T.T. PRESENT: Councilmen Bickford,, Keiser, Mallery & Mayor Surfluh ABSENT: Councilman Bowen Mayor Surfluh asked that the Minutes reflect that Councilman Bowen is absent due to a serious illness in his family. MINUTES Minutes of the regular meeting of September 26,1967 were considered by the Council. Mayor Surfluh asked if there were any corrections to be made to said minutes. There being none, he entertained a motion to dispense with the reading of the minutes and to approve them as written. MOTION: Councilman Bickford moved to dispense with the reading of the minutes of September 26, 1967 and to approve them as written. Councilman Keiser seconded. Passed unanimously. UNFINISHED BUSINESS B-1 RESOLUTION NO. 99-67. RESOLUTION IN MEMORY OF JESSE E. DRAKE Mr..White read Resolution No. 99-67 in its entirety. MOTION: Councilman Keiser moved for the adoption of Resolution No. 99-67. Councilman Bickford seconded. Roll.call vote: AYES: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bowen B-2 RESOLUTION NO. 100-67. RESOLUTION RECOMMENDING CHANGE OF ZONING AND SETTING DATE FOR HEARING (LOTS 30, 31, 32, 33 AND 34, BLOCK 3, MORRO HEIGHTS TRACT) Mr. White reviewed the action taken previously by the.Planning Commission relative to Mrs. Riley's request for the rezoning of her property for the benefit of the Council and those present. He MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 6, 1967 Page,Two then read Resolution No. 100-67 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 100-67. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, NOES: None ABSENT: Councilman Bowen Keiser, Mallery and Mayor Surfluh B-3 Minute Order of Board of Supervisors unanimously approving formation of an area -wide Planning Council Mr. White stated this item was placed on the Agenda as an information item only. He then briefly reviewed said Minute Order for the bene- fit of the Council and those present. Discussion held relative to the purpose of forming an area -wide Planning Council. No Council action necessary at this time. NEW BUSINESS C-1 RESOLUTION NO. 101-67. RESOLUTION SETTING DATE AND TIME FOR PUBLIC HEARING ON THE ADOPTION OF THE LAND USE, CIRCULATION AND CIVIC CENTER ELEMENTS OF THE CITY GENERAL PLAN Mr. White briefly reviewed the procedures to be followed in adopting elements of the General Plan. He then read Resolution No. 101-67 in its entirety. MOTION: Councilman Keiser moved for the adoption of Reso- lution No. 101-67. 'Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bowen C-2 Request for approval of sublease of portions of Lease Sites 93 to 95 and 93W to 95W from Mildred Conger (nee Graham) Mr. White stated a request has been received from Mrs. Mildred MINUTES - MORRO BAY CITY COUNCIL Regular Meeting .October 10, 1967 Page Three Conger (nee Graham) for approval of a sublease on a portion of Lease Sites 93 to 95 and 93W to 95W. It was the recommendation of staff that a Minute Order be made approving the sublease agreement by and between Mildred Conger and the sublessee, Mr.. & Mrs. H. A. Hoebel. MOTION: Councilman Mallery moved for the approval of the . sublease agreement between Mildred L. Conger and H. A. and Helen Faye Hoebel. Councilman Bickford seconded. Discussion held. Motion passed unanimously. C-3 RESOLUTION NO. 102-67. RESOLUTION OF INTENTION TO' ORDER A CHANGE OF GRADE ON MAIN STREET BETWEEN SURF STREET AND QUINTANA ROAD, SELECT SYSTEM PROJECT NO. 28 Mr. White reviewed the procedures to be followed in order to change the grade of a city street.as.set forth in the California Streets and Highway Code for the benefit of the Council and those present. A map showing the location of the proposed grade change was displayed and reviewed in depth by Sam Taylor, City Engineer, and the City Administrator. Lengthy discussion held among members of the Council and staff regarding this matter. Mr. White then read Resolution No.'102-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 102-67. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bowen C-4 RESOLUTION NO. 103-67. RESOLUTION GRANTING A USE PER- MIT TO CONDUCT A STREET PARADE TO THE MORRO BAY LIONS CLUB Mr. White read Resolution No. 103-67.in its entirety, and briefly reviewed the Use Permit for the benefit of the Council and those present. n MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 10, 1967 Page Four MOTION: Councilman Bickford moved for the adoption of Resolution No. 103-67. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bowen C-5 RESOLUTION NO. 104-67. RESOLUTION GRANTING USE PERMIT TO CONDUCT STREET PARADE TO THE MORRO BAY HIGH SCHOOL Mr. White read Resolution No. 104-67 in its entirety and reviewed the Use Permit for the benefit of the Council and those present. MOTION: Councilman Mallery moved for the adoption of Resolution No. 104-67. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bowen C-6 RESOLUTION NO. 105-67. RESOLUTION APPROVING AGREEMENT FOR ANNUAL AUDIT -FOR THE ,FISCAL YEAR ENDING.:JUNE 30, 1968, Mr. White reviewed the Agreement submitted for the annual audit for the fiscal year 1967-68. He stated that Mr. Willeford, the City Auditor, also will make a special audit of the Harbor Trust Fund as he did for the fiscal year just passed. It is not a statutory or legal requirement that this be done but was accomplished to enable us to effectively administer the Trust to assure compliance with the granting statutes. Mr. White then read Resolution No. 105-67 in its entirety. MOTION: Councilman Keiser moved for the adoption of Resolution No. 105-67. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bowen C-7 Request approval to purchase property for installation of City water well. Mr. White requested approval, by Minute Order,.to proceed with the 0 MINUTES - MORRO BAY CITY'COUNCIL Regular Meeting October 10, 1967 Page Five finalization of the matters relating to the purchase of this pro- perty. He reviewed the procedures to be followed in purchasing this property for the benefit of the Council and those present. He stated that Mr. Romero has offered the property to the City for the sum of $2,700. Mr. White stated a Minute•Order would be -in order authorizing the preparation of a tentative parcel map.with the necessary engineering to be accomplished by the City Engineer; that the City Engineer be authorized to prepare and make application for the lot split; and that authorization be given for a title report and preparation of a deed. MOTION: Councilman Bickford moved to authorize staff to proceed as per Mr. White's recommendation to purchase.this parcel of property. Councilman Keiser seconded. Passed unanimously. C-8 Petition protesting adoption of proposed garbage ordinance Mr. White stated a petition has been received from Mr. W. G. Hoagland, said petition containing 23 signature, protesting the proposed garbage ordinance. Discussion held. Mr. White recommended that we acknowledge receipt of this petition and that it be deferred to the continued hearing on the proposed refuse collection ordinance to be heard October 24, 1967. . MOTION: Councilman Mallery moved to accept this petition and to make it a part of the record. Councilman Bickford seconded. Passed unanimously.. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (a) MOTION: Councilman Mallery moved that the staff be authorized to initiate an investigation regarding the possible creation of an off -shore fishing ground by the in- stallation of old car bodies, concrete, refrigerators, etc., and to talk to the Fish and Wildlife Board about possible grants. Councilman Keiser seconded. Passed unanimously. (b) Mayor Surfluh brought up the matter of Cable TV reception within Morro Bay. Lengthy discussion held regarding the signal strength of the Cable TV within the area of Morro Bay. C MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 10, 1967 Page Six MOTION: Councilman Keiser moved that the staff contact Art Hapgood and make an appointment with him to meet with the Council at a regular Council meeting to discuss this matter. Councilman Bickford seconded. Passed unanimously. (c) Mayor Surfluh also brought up the matter of sonic booms experienced over the City of Morro Bay. Lengthy discussion was held and Mr. White stated letters pro- testing the sonic booms have been sent to our United States Senators and Congressman, the State legislators, Governor Reagan, and to the Secretary of Defense, with copies of said letters going to the Commanding Officers at,Beale and Edwards Air Force Bases. Further discussion held. Staff to obtain further information regarding the sonic booms to present to the Council at a later date. No Council action taken at this time. (d) Councilman Keiser asked when construction of the approved boat slips will begin. Mr. White stated the necessary. material has been ordered and approval has been received from the Corps of Engineers so that it should be within a very short time. I' (e) Councilman Mallery brought to the attention of the Director of Public Works the fact that the fishing boat belonging to Harry Otis has been tied to the float at the launching ramp, and asked if he was paying rent for the mooring space. Mr. Spellacy stated he would look into this matter and see that Mr. Otis' boat is removed. D-2 City Attorney Mr. Geihs, City Attorney, stated he had nothing to present to the Council at this time. D-3 City Administrator (a) Financial Report for the period September 16, 1967 through September 30, 1967. MINUTES - MORRO BAY,CITY COUNCIL Regular Meeting October'10, 1967 Page Seven MOTION: Councilman Bickford moved that the Financial Report for the period September 16,' 1967 thru September 30, 1967 be approved. Councilman. Mallery seconded.. Passed unanimously. (b) Transfer Mr. White requested approval of a transfer in the amount of $3,587 which was approved by Minute Order at the regular Council meeting held September 12, 1967 for the construction of the first segment of the boat slips. This amount would be transferred from the Unbudgeted Reserve into the General Fund. MOTION: Councilman Bickford moved for the approval of the transfer in the amount of $3,587, Voucher No. 7-8-06. Councilman Keiser seconded. Passed unanimously. CORRESPONDENCE 1. Letter from Congressman Talcott regarding sonic booms. 2. Copy of a letter submitted to the Council from James D. Gates, County Health Officer, regarding dumping on pri- vately owned property. 3. Copy of a letter relating to the outdoor advertising act from J. A. Legarra of the Division of Highways. Mi. White recommended that this be referred to the Planning Commission for review and report back to the Council. MOTION: Councilman Bickford moved to have this item referred to the Planning Commission for. appropriate study and report back. Councilman Keiser seconded. Passed unanimously. 4. Copy of a letter from the Public Utilities Commission of the State of California relating to Advice 312-E dated August, 1967, re: undergrounding of utilities. 5. Copy of the Agenda of the Harbors and Watercraft Commission meeting to be held October 16, 1967. 6. Copy of a letter from Mr. & Mrs. J. H. Krieger of''Pomona, California, expressing appreciation to the Council for their stand on sonic booms. 7. Postcard opposing the adoption of the refuse collection ordinance 8. A letter from Mr. & Mrs. Forrest L. Rayborn in favor of the proposed compulsory garbage ordinance. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting October 10, 1967 Page Eight 9. Letter from Marie Nyeholt in opposition to the proposed garbage ordinance. 10. Letter from C. F. Rentz of Taft, California, opposing the garbage ordinance.. 11. Letter from Fred Sheldon protesting the proposed garbage ordi- nance. MOTION: Councilman Mallery moved that the correspondence be filed. Councilman Bickford seconded. Passed unanimously. ADJOURNMENT: MOTION: Councilman Keiser moved for adjournment. Councilman Bickford seconded. Passed unanimously. Meeting adjourned at 9:64 P.M. RECORDED BY: C. TED WHITE, City Clerk Daisy. . Schacht, Deput City Clerk MINUTES - MORRO BAY Regular Meeting September 26, 1967 Morro Bay Recreation CITY COUNCIL 7:30 P.M. Hall The meeting was called to order at 7:37 P.M. with.the Pledge of Allegiance. Mayor Surfluh gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: None MINUTES Minutes of the regular meeting of September 12 and the adjourned regular meeting of September"_15, 1967 were considered by the Council. Mayor Surfluh asked if there were any corrections to be made to said minutes. Councilman Mallery stated that on page 3 of the minutes of September 12, in the sentence "Other comments were heard from Mrs. Virginia Neely in favor of the ordinance", that he had talked to Mrs. Neely and she was in favor of a. garbage ordinance, but not in favor of the ordinance as proposed. Discussion was held among members of the Council and staff. Mr. White suggested that the word "the" be changed to "an", which was agree- able to Councilman Mallery. " MOTION: Councilman Bickford moved to dispense with the reading of the minutes and to approve the minutes of September 12 as corrected and approve the minutes of September 15, 1967 as written. Councilman Mallery seconded. Passed unanimously. UNFINISHED BUSINESS B_1 ORDINANCE NO. 66. AN ORDINANCE AMENDING SECTIONS 4110, 4111, 112, 4115, 4200, 4206, 4210, 4215, 4230, 4231, 4232, 4240, 4260, 4273 AND 5307.4, AND DELETING SECTIONS 4203 AND 4220 OF THE MORRO BAY MUNICIPAL CODE Mayor Surfluh stated that the first reading of this ordinance was by title only on September 12, 1967. Mr. White stated that if"the Council so desired that it might, by unanimous vote of the Council, have the second reading of said ordinance by title only. MOTION: Councilman Bowen moved that Ordinance No. 66 be read by title only. Councilman Bickford seconded. Roll call vote: passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 26, 1967 Page Two Mr. White then read Ordinance No. 66 by title only, said reading to constitute the second reading. MOTION: Councilman Mallery moved for the adoption of -Ordinance No. 66. Councilman Bickford seconded. Roll call vote: passed unanimously. B=2 RESOLUTION 95-67. RESOLUTION IN SUPPORT OF ASSEMBLY JOINT RESOLUTION 29, FEDERAL TAX SHARING PROGRAM Mr. White stated that this item was presented to the Council for their consideration -on September 12 and deferred to this meeting. He reviewed the letter received from Assemblyman.Bob Monogan re- questing support of local government for Joint Assembly Resolution No. 29 relating to a Federal Tax Sharing Program. Mr. White then read Resolution No. 95-67 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 95-67. Councilman Bickford seconded. Roll call vote: passed unanimously. NEW BUSINESS C=1 RESOLUTION NO. 96-67..• RESOLUTION GRANTING!A USE PERMIT TO THE MOP,RO BAY CUB SCOUTS Mr. White stated that a request has been received from the Morro Bay Cub Scouts for use of San Joaquin Street for cubmobile races to be held on November 18 and December 2, 1967. He then reviewed the use permit for the benefit of the Council and those present. Mr. White read Resolution No. 96-67 in its entirety. MOTION: Councilman Bowen moved that we adopt Resolution No. 96-67. Councilman Keiser seconded. Roll call vote: passed unanimously. C_2 Request authorization to make annual payment to S.L.O. County Development Association. Mr. White stated that a letter has been received from the S-.L.O. County Development Association thanking the City Council for their support during the first year of their operation and requesting that Larry Davis be reappointed to serve on the Board of Directors for the coming year. They also requested that the payment of $3,000 budgeted by the City Council to the. Development Association be made at this time. Discussion was held among the members of the Council regarding the method of reappointing a representative of this area. MINUTES - MORRO Ik CITY COUNCIL • Regular Meeting September 26, 1967 Page Three MOTION: Councilman Bowen moved that Larry Davis be reappointed to the S.L.O. County Development Association for a period of one year. Councilman Bickford seconded. Roll:call vote: passed unanimously. MOTION: Councilman Mallery moved that we pay the $3,000 budgeted for to the San Luis Obispo County Development Association. Councilman Keiser seconded. Roll call vote: passed unanimously. C-3 RESOLUTION NO. 97-67. RESOLUTION GRANTING VARIANCE TO JOHN F. BORBA, LOT 7, BLOCK 23, OCEAN HEIGHTS TRACT Mr. White reviewed the report and recommendations of the Planning oCommission relative to Mr. Borba's request for a variance for the benefit of the Council and those present. He then read Resolution No. 97-67 in its entirety. MOTION: Councilman Bowen moved that Resolution No. 97-67 be adopted. Councilman Keiser seconded. Roll ball vote: passed unanimously. C-4 Letter requesting undergrounding of utilities Mr. White stated that a letter has been received from Dan B. Stack relating to the conversion of overhead utilities to underground. He stated that the city staff has been working with the Pacific Gas & Electric Company toward the installation of underground utilities within the city. Discussion was held among members of the Council, staff and Mr. Roy Whitford, representative of the Pacific Gas & Electric Company relative to the cost involved and which areas could be considered for installation of underground utilities. Comments were heard from Mr. Hugh Case regarding the cost to the property owner to have the utilities installed underground. MOTION: Councilman Mallery moved to direct the staff to look into some of the more logical areas in the city to see what the cost would be. Councilman Bickford seconded. Roll call vote: passed unanimously. C-5 (Added) Mayor Surfluh introduced Mr. Howard Eytcheson, who in turn,.intro- duced Mr. Sandy Kemp to the Council and those present. Comments were heard from Mr. Kemp and Mr. Eytcheson regarding the forth- coming Pacific Power Boat Race to be held on October 20th and.21st, with the stopover to be at Morro Bay. C-6 (Added) Mr. White stated that a request of assignment of lease had been received from William C. Chuba, et al, to Cabrillo Enterprises, a General Partnership. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 26, 1967 Page Four RESOLUTION NO. 98-67. RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM WILLIAM C. CHUBA, ET AL,., TO CABRILLO ENTERPRISES, A GENERAL PARTNERSHIP .Mr. White then read Resolution No. 98-67 in.its entirety. MOTION: Councilman Bowen moved for the adoption of Resolution No. 98-67. Councilman Keiser seconded. Roll call vote: passed unanimously. INDIVIDUAL.DETERMINATION AND/OR ACTION D-1 City Council T (a) Councilman Mallery suggested to the Council that they give some consideration to writing letters of protest to the appropriate officials regarding the sonic booms. Lengthy dis- cussion was held among members of the Council, staff and audience regarding this matter. MOTION: Councilman Keiser moved that the staff be directed to write letters regarding the excessive number of sonic booms experienced over the City. of Morro Bay:' said letters to go to Congressman Talcott, U.S. Senators Murphy and Kuchel, Governor Reagan, Assemblyman Ketchum ,and Senator Grunsky. Councilman Mallery seconded. Roll call vote: passed unanimously. (b) Mr. Joe Giannini asked the Council if there was any information that could be released regarding the executive session held September 15, 1967. Mayor Surfluh informed Mr. Giannini that no information could be released at this time. (c) Mr.White reviewed the meeting held between the County Board of Supervisors and the Mayors and City Administrators re- garding the formation of a Regional Planning Council. He stated that before any governmental entity can obtain a federal grant, HUD requires that a Regional Planning Council be in existence. He stated that the Board of Supervisors had directed.their staff to proceed with the development of a format to follow under the Joint Powers Act to establish a Planning Council.. He further stated that there is one other advantage in such a council and that would be an excellent means of communication between the individual cities and the Board of Supervisors. Mr. White requested the Council to authorize this city to partic7 ipate in this Regional Planning Council. Discussion was held among the members of the Council. MOTION: Councilman Bowen moved to authorize the city staff to participate in the formation of this agreement. Council- man Mallery seconded. -Roll call vote: passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 26, 1967 Page Five (d) Councilman Bowen recommended that the Council direct the staff to prepare a resolution of appreciation to the family of Jesse E. Drake for the services he rendered to the city and Council. MOTION: Councilman Bowen moved that the staff be authorized to prepare an appropriate resolution of appreciation to the family of Jesse E. Drake. Councilman Keiser seconded. Roll call vote: passed unanimously., D-2 City Attorney Mr. Giehs stated that he had nothing to present at this time. ,D-3 City Administrator Cal Financial Report for the period of September 1 through September 15, 1967 MOTION: Councilman Bickford moved for the approval of the financial report for the period of September 1 through September 15, 1967. Councilman Mallery seconded. Roll call vote: passed unanimously. CORRESPONDENCE 1. Copy of the minutes.of the Harbors and Watercraft Commission meeting held August 21. 2. Letter from Isabelle Orr thanking the Council for the recreation program made available.' 3. Copy of the agenda of the Fish & Game Commission meeting to be held October 6. 4. Bulletin from the League of California Cities regarding the annual league conference to be held in October. 5. Letter from the State Controller's Office regarding gas tax subvention funds 6. Copy of a letter from Mrs. Alma McCord MOTION: Councilman Bowen moved that the correspondence be filed. Councilman Bickford seconded. Roll call vote: passed unanimously ADJOURNMENT: MOTION: Councilman Bowen moved that the meeting be adjourned. Councilman Bickford seconded. passed unanimously. MINUTES � MORRO BAY CITY COUNCIL Regular Meeting September 26, 1967 Page Six Meeting adjourned at 8:47 P.M., RECORDED BY; 0 a'o C. TED WHITE, City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING September 12, 1967 7:30-P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll call MINUTES: 1. Regular Meeting'of August 22, 1967. HEARINGS, APPEARANCES AND REPORTS: A-1 Hearing on Abandonment of Unused Right -of -Way on Quintana Road A-2 Continued Hearing on proposed Refuse Collection Ordinance, Ordinance No. 64 A-3 Report on estimated costs for proposed Improvement District No. 4 UNFINISHED BUSINESS: B-1 Ordinance No. 65, Zoning Ordinance (2nd reading) B-2 Resolution Accepting Low Bid and Awarding Contract for Street Maintenance, Select System Project No. 38 B-3 Presentation of cost estimates for construction of commercial ' boat slips B-4 Request of Morro Bay Chamber of Commerce for first.quarterly payment of 'allocated funds NEW BUSINESS: C-1 Ordinance No. 66, Amending and Deleting Sections of the Building Ordinance and Amending Sign Ordinance (lst reading) C-2 Resolution setting fees for Use Permits, Variances, Rezoning & Appeals C-3 Letter requesting support of Assembly Joint Resolution No. 29, relating to a Federal Tax Sharing Program C-4 Letter commending City employees for services rendered C-5 Letter requesting abandonment of a portion of South Street., INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report CORRESPONDENCE: ADJOURNMENT: CALENDAR 1. City Council Meetings:. September 26 & October 10, 1967 2. Planning Commission Meetings: September 19 & October 3, f967 • MINUTES - MORRO BAY CITY Regular Meeting September 12, 1967 7:30 Morro Bay Recreation Hall COUNCIL P. M. The meeting was called to order at 7:37 P.M. with the Pledge of Allegiance. Mayor Surfluh gave the invocation. Zilii�i7i\IYII PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: None MINUTES Minutes of the regular meeting of August 22, 1967 were considered by the Council. Mayor Surfluh asked if there were any corrections to be made to said minutes. There being none, he entertained a motion to dispense with the reading of the minutes and to approve them as written. MOTION: Councilman Bickford moved reading of the minutes and written. Councilman Bowen unanimously. HEARINGS, APPEARANCES AND REPORTS to dispense with the to approve them as seconded. Passed A=1 Hearing on abandonment of unused right-of-way on Quintana Road Mr. White stated that on August 22, 1967, a resolution of intention to abandon a portion of Quintana Road and setting a date for public hearing was passed by the City Council. Mayor Surfluh declared the hearing open to the public at'7:40 P. M. and asked if anyone in the audience wished to speak either for or against said abandonment. There being none, he declared the public hearing closed at 7:41 P. M. A drawing of the proposed abandonment was presented to the Council and reviewed by Mr. White. He stated:it is the recommendation of the Staff that, as a condition to the abandonment, the property owner install curbs, gutters and sidewalks across the face of this property. Discussion held among members of the Council and Staff. Mr. White further stated that a Quitclaim Deed will have to be negotiated for this property specifying the improvements to be installed and setting forth the easements which the City will reserve. RESOLUTION NO. 92-67. RESOLUTION AND ORDER ABANDONING A PORTION OF QUINTANA ROAD (FORMERLY LAS TUNAS AVENUE AND/OR COUNTY ROAD NO..3) MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 12, 1967 Page Two Mr. White read Resolution No. 92-67 in its entirety MOTION: Councilman Bowen moved for the adoption of Resolution No. 92-67. Councilman Keiser seconded. Roll call vote: Passed unanimously. A-2 Continued hearing on proposed Refuse Collection Ordinance, Ordinance No. 64 Mr. White stated a clean copy of the ordinance with those changes in- corporated which were discussed at the Council meeting of August 22, identified by the date 8-22-67,-has been submitted to the Council for their consideration. He then reviewed the changes that were made for the benefit of the Council and those present. Discussion held. MOTION: Councilman Mallery moved that the "compulsory" part of the ordinance be -deleted and Sections 3213 and 3213.1 which is entitled "Refuse Collection Account" also be deleted, and that the City not become involved in handling any of the monies or accounts or payments'in this refuse collection ordinance but that it be left up to the franchise operator. After a brief discussion, it was determined by the Council that they would wait to vote on Councilman Mallery's motion until after the. public hearing. Mayor Surfluh declared the public hearing open at 7:56 P.M., stating this hearing was continued,from.the Council meeting of August 22. Those members of the audience speaking for the garbage ordinance, as proposed, were: Mr. A.' D. Motto and Mrs. Shirley McGuire. Those speaking against the proposed garbage ordinance were: Mr. L. L. Connell, Joe Giannini and Jerry Baty. Lengthy discussion was held among members of the Council, Staff and Mr. & Mrs. Wagner of the Morro Bay Garbage Service. MOTION: Councilman Bowen moved that Ordinance No. 64 be adopted and that it be determined that everybody pay $2 for sanitation purposes of this ordinance. Mayor Surfluh informed Councilman Bowen that a motion was on the floor and that his motion was not in order at this time. Councilman Bowen then withdrew his motion. • 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 12, 1967 Page Five Mr. White stated that due to the length of this ordinance, and by unanimous vote of the Council, it would be in,order to read by title only. MOTION: Councilman Mallery moved that we read Ordinance No. 65 by title only. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bowen Mr. White then read Ordinance No. 65 by title only, said reading to constitute the second reading. MOTION: Councilman Keiser moved for the adoption of Ordinance No. 65. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Keiser and Mayor Surfluh NOES: Councilman Mallery ABSENT: Councilman Bowen Mr. White read a letter received from Mrs. Bercha Riley requesting that her property be rezoned for a motel use in its entirety, and reviewed the actions taken previously relative to this request. He requested that the City Council direct the Planning Commission to consider the matter of rezoning this property to the appropriate zone and recommended that this matter be referred back to the Planning Commission. MOTION: Councilman Bickford moved that we refer these particular parcels of property to the Planning Commission for their consideration for rezoning to the appropriate designated zoning for the motel use upon evidence submitted by Mrs. Riley of their plans for establishing a motel on this property. Councilman Keiser seconded. Passed unanimously. Lengthy discussion was held among members of the Council, Staff and Mrs. Riley regarding this matter. MINUTES - MORRO BAY CITY COUNCIL Regular meeting September 12, 1967 Page Four He stated the next step is to proceed with the debt limitation proceedings and to authorize the City Staff and City Engineer to prepare the necessary materials,so the Council may initiate pro- ceedings for the formation of this District. . MOTION: Councilman Bickford moved that we authorize the Staff to prepare the necessary papers to continue. with the proceedings for the formation of Improve- ment District No. 4. Councilman Keiser seconded. Mr. White requested that authorization be granted for the City Engineer to prepare this material prior to going too far into the engineering work and that.he receive the normal compensation for this service so that he is guaranteed that his time will be paid for. It was recommended that Councilman Bickford amend his motion to add "debt limit" before the word "proceedings". Councilman Bickford agreed to the amendment. Councilman Keiser•secorided the amendment. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Bowen Discussion held relative to setting a maximum price to be paid to the City Engineer for his work. MOTION: Councilman Bickford moved that the City guarantee from the Engineer's Budget the expense of the initial engineering costs for the debt limit pro- ceedings. Mr. Kardel, City Attorney, suggested that Councilman Bickford amend his motion to add: "that the amount for engineering fees and costs. for the debt limit proceedings shall not exceed $5',000 without further authorization of the Council". Councilman Bickford agreed to the amendment as stated by Mr. Kardel. Councilman Keiser seconded the motion., Passed unanimously. UNFINISHED BUSINESS B-1 ORDINANCE NO. 65. AN ORDINANCE REPEALING CHAPTER I OF TITLE V OF THE MORRO BAY MUNICIPAL CODE ENTITLED ZONING REGULATIONS AND CREATING AND ADOPTING A NEW CHAPTER I, TITLE V, ENTITLED ZONING ORDINANCE. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 12, 1967 Page Three Other comments were heard from Mrs ordinance. an Virginia Neely in favor of ttl! Mayor Surfluh declared the public hearing closed at 9:06 PM. Councilman Keiser seconded Councilman Mallery's motion. Roll call vote: AYES: Councilman Mallery NOES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh MOTION: Councilman Bowen moved that Ordinance No. 64 be adopted. Motion died for lack of a second. MOTION: Councilman Bickford moved that we continue this hearing to October 24 for further consideration. Discussion was held regarding having a study session to more fully review this ordinance. . Mayor Surfluh seconded Councilman Bickford's motion. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: Councilman Bowen RECESS: 9:19 P.M. RECONVENED: 9:26 P.M. Councilman Bowen left the meeting at 9:22 P.M. due to an illness in the family. A-3 Report on estimated costs for proposed Improvement District No. 4. Mr. White presented the estimated costs for the proposed Improvement District No..4 to the Council for their consideration, and reviewed action taken previously relative to the formation of said District. He also reviewed the Improvement District proceedings relative to the debt limit proceeding under the provisions of the Majority Pro- test Act of 1931. As corrected by Minute Order, September 26, 1967 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 12, 1967 Page Six B-2 RESOLUTION NO. 93-67. RESOLUTION ACCEPTING LOW BID AND AWARDING CONTRACT FOR APPLYING BITUMINOUS SEAL TO VARIOUS STREETS IN THE CITY OF MORRO BAY (SELECT SYSTEM PROJECT NO. 38) Mr. White stated that by Resolution No. 85-67, authorization was granted to advertise for bids for this project. He stated three bids were received, the low bid being submitted by C. S. Construc- tion Company in the amount of $8,559.25. The Engineer's Estimate was $9,500. Mr. White then read Resolution No. 93-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 93-67. Councilman Mallery seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Bowen B-3 Presentation of cost estimates for construction of commercial boat slips A drawing showing the location of the proposed commercial boat slips was displayed and reviewed by Mr. Spellacy, Director of Public Works, for the benefit of the Council and those present. He stated the cost estimate to build one section, which would consist of three double slips, would be $3,587. The estimated cost of the total project, which would consist of 18 slips, would be $10,700.- He stated, however, that this cost does not include the cost of labor but that this work would be done by City personnel when available. Discussion held among members of the Council and Staff relative to the cost of labor. MOTION: Councilman Bickford moved that we authorize the Staff to proceed with the first segment of the slips,which would be three double slips. Comments were heard from Mr. Harry Otis in favor of the proposed boat slips. Further discussion held relative to the amount to be charged for each slip per month, liability of the City and amortization. Councilman Keiser seconded Councilman Bickford's motion. Roll call vote: MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 12, 1967 Page Seven AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Bowen B=4 Request of Morro Bay Chamber of Commerce for first quarterly payment of allocated funds Mr. White stated we have entered into an agreement with the Chamber. of Commerce and it was the determination of the Council that the payments would be made on a quarterly basis, and recommended that the Council approve the first quarterly payment at this time. MOTION: Councilman Bickford moved that we authorize payment to the Chamber of Commerce of the first quarterly payment as stated in the agreement. Councilman Keiser seconded. Passed unanimously. NEW BUSINESS C-1 ORDINANCE NO. 66. AN ORDINANCE AMENDING SECTIONS 4110, 4111, 112, 115, 4200, 4206, 4210, 4215, 4230, 4231, 4232, 4240, 4260, 4273 and 5307.4, AND DELETING SECTIONS 4203 AND 4220 OF THE MORRO BAY MUNICIPAL CODE. Mr. White stated this proposed ordinance was presented to the Council' at the regular meeting of August 22, 1967, for their consideration. He further stated it would be in order to have the first reading of said ordinance by title only at this time. MOTION: Councilman Bickford moved that Ordinance No. 66 be read by title only. Councilman Mallery seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Bowen Mr. White then read,Ordinance No. 66 by title'only,. MOTION: Councilman Keiser moved that'this be accepted as the first reading of Ordinance No. 66. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bowen MINUTES - MORRO BAY CITY COUNCIL, Regular Meeting September 12, 1967 Page Eight C-2 RESOLUTION NO. 94-67. RESOLUTION SETTING FEES FOR USE PERMITS, VARIANCES, REZONING AND APPEALS Mr. White stated the adoption of the Zoning Ordinance requires that a resolution be passed establishing these fees. The fees that are projected in this resolution relate to the actual cost involved in . publication, mailing and printing for the different classifications. Mr. White then read Resolution No. 94-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 94-67. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Bowen C-3 Letter requesting support of Assembly,Joint Resolution No. 29 re: Federal Tax Sharing Program Mr. White stated a request has been received from Assemblyman Bob Monogan asking for support by local governments of Assembly Joint Resolution No. 29 which pertains to a Federal Tax Sharing Program. Mr. White recommended to the Council that; if they so desire, they direct the Staff to prepare an appropriate resolution.supporting said Resolution for their consideration and action. Discussion held. MOTION: Councilman Mallery moved that this item be deferred to the meeting of September 26, 1967. Councilman Keiser seconded. Passed unanimously. C-4 Letter commending City employees for services rendered Mr. White read a.letter in its entirety received from Mr. Leroy Livermore pertaining to the Harbor Patrolmen rescuing him and his family from a boat which had lost its power and which was in danger of running aground. C-5 Letter requesting abandonment of a portion of South Street Mr. White stated a letter has been received requesting the abandonment of South Street bordered by Monterey and Napa Avenue. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 12, 1967 Page Nine A map showing the area proposed to be abandoned was reviewed by Mr. White for the benefit of the Council and those present. Mr. White further stated it is the recommendation of the Staff that the portion of South Street bounded by Monterey and Main Street also be abandoned. Mr. White reviewed a map showing a portion of Palm Street, Cypress Street and Oak Street which have not been opened and which are also recommended by Staff to be abandoned. It was his recommendation that the proposed abandonment of South Street and a portion of Palm, Cypress and Oak Streets be submitted to the Planning Commission for their study and review and report back to the Council. Further discussion held among members of the Council relative to this matter. MOTION: Councilman Bickford moved that we refer this request for street abandonment to the Planning Commission for appropriate study and report back to the Council. Councilman Keiser seconded. Passed,unanimously. OTHER BUSINESS (Added 1. Mr. White reminded the Council of the meeting of the Channel Counties Division of the League of California Cities to be held on September 14, 1967 in Santa Maria and asked if any members of the Council would be able to attend. A roll call vote was taken and Mayor Surfluh was the only Council member to indicate that he would be able to attend. 2. Mr. White also brought to the attention of the Council the invitation from the Arroyo Grande Valley Gay 90's Harvest Festival to participate in the parade to be held on September 30 at 11:00 A.M. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council a. Mayor Surfluh stated he wanted to answer some of the charges made at a recent.Taxpayer's Association meeting pertaining to in- efficiency in the maintenance of records and the bookkeeping system. He stated these charges were unfair and non-factual and urged any private citizen who is interested to go to City Hall and discuss the accounting procedures with the Director of Finance, Carl Ludeman. Comments were also heard from Councilman Keiser regarding said charges. is MINUTES - MORRO BAY CITY COUNCIL' Regular Meeting September 12, 1967 Page Ten b. Mayor Surfluh also discussed the proposed "mall" plan which some of the citizens are apparently quite concerned with. He stated this plan is a concept only and no final determination has been made, nor will it be made without first receiving some indication from the business community that they are willing to support it. C. The Mayor also reviewed for the benefit of the Council and those present the items discussed at the Mayor's Meeting held on September 11, 1967, and reviewed the minutes of the Mayor.'s Meeting held on July 24, 1967. D-2 City Attorney a. Mr. Kardel asked the Council to convene an executive session to discuss the Thomas litigation. Discussion was held regarding a time suitable to all Councilmen. It was determined that this meeting would be adjourned to an executive session which will be held Friday, September 15, 1967, at 10:30 A.M. in the City Hall Conference Room. - b. Mr. Kardel also reviewed briefly what has transpired relative to tFe City -County Agreement. D-3 City Administrator a. Financial Report for the period August 16, 1967 through August 31, 1967. MOTION: Councilman Bickford moved for the approval of the Financial Report for the period August 16, 1967 through August 31, 1967. Councilman Keiser seconded. Passed unanimously. CORRESPONDENCE 1. Letter from the Division of Highways relative to a request for support of the Scenic Highway Program that will be located within the County of San Luis Obispo._ Mr. White stated it would be in order to refer this to the Planning Commission for their consideration and response to the Division of Highways. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting September 12, 1967 Page Eleven MOTION: Councilman Bickford moved that this item be referred to the Planning Commission. Mayor Surfluh seconded. Passed unanimously. 2. Copy of a letter from Mrs. Marie Nyeholt opposing the compulsory garbage ordinance. 3. Copy of the Agenda of the Water Resources Advisory Committee meeting which was held September 6, 1967. 4. Letter from Robert H. Born, County Hydraulic Engineer, re: studies of flood control works for Morro and Chorro Creeks. 5. Invitation from the Morro Bay Women's Club inviting the Council to their October 17th meeting at 12 noon in the Veterans Memorial Hall re: City Beautification. Mr. White indicated to the Council that Staff will attend. 6. Notice from the California Navigation Conference of the Fall meeting to be held October 20, 1967 in Newport Beach. 7-. Brochure from the President's Council on Youth Opportunity, "Learn More - Earn More!" 8. Copy of the minutes of the Planning Commission meeting held September 7, 1967 re: Circulation and Civic Center Elements of the General Plan. 9. Copy of the minutes of the Fish & Game'Commission meeting held May 26, 1967. MOTION: Councilman Bickford moved that the correspondence be filed. Mayor Surfluh seconded. Passed unanimously. ADJOURNMENT MOTION: Councilman Keiser moved that we adjourn this meeting to a special session on Friday, September 15, 1967 at 10:30 A.M. in the City Hall Conference Room. Councilman Bickford seconded. Passed unanimously. Meeting adjourned at 11:39 P.M. RECORDED BY: 0 --L //L! C. TED WHITE, -City y Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting September 15, 1967 10:30 A. M. City Hall Conference Room Mayor Surfluh called the meeting to order at 10:35 A.M. and announced that this meeting was adjourned from.the regular meeting held on September 12, 1967. ROLL CALL PRESENT: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh ABSENT: Councilman Bowen Mayor Surfluh entertained a motion to adjourn to executive session. MOTION: Councilman Bickford moved that this meeting be adjourned to executive session. Councilman Mallery seconded. Passed unanimously. The purpose of this meeting was to review the status of litigation. Mr. Kardel, City Attorney, discussed matters pertaining to said liti- gation with the Council. MOTION: Councilman Bickford moved that the Staff be authorized to prepare maps and drawings based upon material presented to the Council at this meeting. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Keiser and Mayor Surfluh NOES: Councilman Mallery ABSENT: Councilman Bowen MOTION: Councilman Bickford moved that this meeting be adjourned to open session. Councilman Keiser seconded. Passed unanimously. Mayor Surfluh asked if there was any other business to be brought before the Council. There being none, he entertained a motion to adjourn. MOTION: Councilman Bickford moved that this meeting be adjourned. Councilman Keiser seconded. Passed unanimously. Meeting adjourned at 12:33 P.M. RECORDED BY: C. TED WHITE, City Clerk. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Tuesday, August 22, 1967 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 proposed Zoning Ordinance and Zoning Map, at which said public hearing any person interested may appear and express their views for, against or in modification of the proposed Zoning Ordinance and Zoning Map. Dated: August 8, 1967 C. TED WHITE, CITY CLERK City of Morro Bay, Calif. REF: P. 0. NO. 2909 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING. August 22, 1967 7:30 P. M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES: 1. Regular meeting of August 8, 1967 2. Adjourned Executive Session, August 8, 1967 3. Adjourned regular meeting, August 10, 1967 HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on proposed zoning ordinance and zoning map UNFINISHED BUSINESS B-1 Resolution setting tax rate for General Fund and Capital Improvement purposes B-2 Resolution setting tax rate for sewer bond redemption B-3 Resolution accepting low bid and awarding contract for construction of water and sewer mains across Morro Creek NEW BUSINESS C-1 Resolution of intention to abandon portion of unused right-of-way on Quintana Road C-2 Ordinance amending and deleting sections of Building Ordinance and amending. Sign Ordinance C-3 Request from Department of Housing and Community Development requesting notification on enforcement of local building ordinances C-4 Application of Ralph Ruse for franchise to operate Harbor Excursion Boat C-5 Request of Sylvester Bros. to construct 6 foot fence on portion of Lease Sites 53 and 54 C-6 HarbosaPlan construct commercial boat slips in conformance with INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: September 12'and 26, 1967 2. Planning Commission Meetings: September 5 and 19, 1967 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 22, 1967 7:30 P. M. Morro Bay Recreation Hall The meeting was called to order at 7:34 P.M. with the Pledge of Allegiance. Mayor Surfluh gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford,.Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None MINUTES: Minutes of the Regular and Adjourned Executive meetings held August 8, 1967, and the Adjourned Regular Meeting held August 10, 1967, were considered by the Council. Mayor Surfluh asked if there were any corrections to be made to any of said minutes. There being none, he entertained a motion to dispense with the reading of the minutes and to approve them as written. MOTION: Councilman Bowen moved that the reading of the minutes be dispensed with and approved as written. Councilman Bickford seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS: A-1 Hearing on proposed Zoning Ordinance and Zoning Map Mr. White reviewed the actions previously taken by the Planning Commission relative to the proposed Zoning Ordinance and Zoning Map. It was the recommendation of Mr. White that the Council consider the Ordinance as presented for possible adoption. Comments were heard from Mr. Larry Wise of Hahn, Wise & Associates regarding what has transpired during the past year in relation to the preparation of the proposed Zoning Ordinance and Zoning Map.. He then reviewed the various districts as proposed on the Zoning Map. Mayor Surfluh declared the public hearing open at 7:55 P.M; Three petitions were presented to the City Administrator by Mrs. No Christopher who objected to the rezoning of the area bounded on the north by Surf Street, the south by Beach Street, the east from the midpoint between Morro Avenue and Market Avenue on Surf Street and on the west by West Avenue from the present R-4 to C-2-S-9. Mr. White read said petition in its entirety for the benefit of the Council and those present. Discussion was held regarding the number of signatures contained in the three petitions and how many of the MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 22, 1967 Page Two I people signing the petitions lived within the area to be rezoned. Mrs. Christopher asked the City Council and Planning Commission to hold extra meetings to make a decision on the zoning of the area mentioned above. Further discussion held.. Other members of the audience speaking against all or.a portion of the Zoning Ordinance and Zoning Map were: Dan Stack, Edgar Wilson; Robert Schultz, Jack Youngs, Mr. Tyler and Jim Clark. A letter from William M. Cahill was read. Mr. Stan Dolezal spoke in favor of the proposed Zoning Ordinance and Zoning Map. Comments were heard from Mrs. Ernie Riley requesting that Lots 31, 32 and 33 in Block 3 of Resubdivision of Blocks 2 and 3 of Morro Heights be excluded from the R-3 zoning as they had plans for constructing a motel in this area. Discussion was held, after which Mrs. Riley was informed that a motel could be allowed on this property with a Use Permit. Comments were also heard from Mrs. Mary*Barrett. Lengthy discussion was held relative to the proposed Zoning Ordinance and Zoning Map among members of the audience, Council and Staff. Mayor Surfluh declared the public hearing closed at 9:21 P.M. ORDINANCE NO. 65. AN ORDINANCE,REPEALING CHAPTER I OF TITLE•V OF THE MORRO BAY MUNICIPAL CODE ENTITLED ZONING REGULATIONS AND CREATING AND ADOPTING A NEW CHAPTER I, TITLE V ENTITLED, ZONING ORDINANCE. MOTION: Councilman Bowen moved that we read Ordinance No. 65 by title only. Councilman Keiser seconded. Roll call vote: passed unanimously. Mr. White read Ordinance No. 65 by title only, said reading to consti- tute the first reading. Second reading to be held September 12, 1967. MOTION: Councilman Bowen moved that this be accepted as the first reading of Ordinance No. 65. Council- man Bickford seconded. Roll call vote: passed unanimously. RECESS: 9:23 P.M. RECONVENED: 9:40 P.M. UNFINISHED BUSINESS: B-1 Resolution setting tax rate for General Fund and Capital Improvement Purposes 0 v MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 22, 1967 Page Three Mr. White stated that on June 27, 1967, Ordinance No. 63 approving the budget for the Fiscal Year 1967-68 was adopted and,.in order to meet this budget, a tax rate of $.97 per $100 of assessed valua- tion is necessary. Summary breakdown sheets for the property tax estimates for the 1967-68 Fiscal Year were reviewed by Mr. White for the benefit of the Council and those present. Mr. White recommended that the tax rate of $.97 per $100 of assessed valuation be adopted in order to continue the program that the City has established to provide the services the citizens have indicated they desire. Comments were heard from Larry Wise regarding the need for budgeting for an adequate Capital Improvement program. Further discussion held. MOTION: Councilman Keiser moved that we add $.03 which would go into the Capital Improvement Program Budget, making the total tax rate $1.00. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery Discussion held. RESOLUTION NO. 87-67. RESOLUTION SETTING TAX RATE FOR 1967-68 FISCAL YEAR FOR GENERAL FUND AND CAPITAL IMPROVEMENT PURPOSES Mr. White read Resolution No. 87-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 87-67. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery B-2 Resolution setting tax rate for sewer bond redemption Mr. White stated it is'the recommendation of the County Treasurer that the tax rate for the sewer bond redemption be set at $.05 per $100 of assessed valuation for the 1967-68 Fiscal Year. RESOLUTION NO. 88-67. RESOLUTION.SETTING TAX RATE FOR 19 7- 8 FISCAL YEAR FOR SEWER BOND REDEMPTION Mr. White read Resolution No. 88-67 in its entirety. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 22, 1967 Page Four MOTION: Councilman Bickford moved for the adoption of Resolution No. 88-67. Councilman Bowen seconded. Roll call vote: Passed unanimously. B-3 Resolution accepting low bid and awarding contract for construction of water and sewer mains across Morro Creek Mr. White stated that bids were solicited through the normal channels for this project and that only one bid was received, that being from the W. M. Lyles Company in the amount of $13,152. The Engineer's Estimate was $13,450. It was the recommendation of the.City Staff that, due to the fact that the W. M. Lyles Company is "a reputable firm.and has done satis- factory work for the City in the past, the contract be awarded to said Company. RESOLUTION NO.-89-67. RESOLUTION ACCEPTING LOW BID AND AWARDING CONTRACT FOR REPLACEMENT OF SEWER AND WATER MAINS ACROSS MORRO CREEK (BID NO.. 6-677c) Mr. White read Resolution No. 89-67 in its entirety'. MOTION: Councilman Bowen moved for the,adoption of Resolution No. 89-67. Councilman Bickford seconded. Roll call vote:. Passed unanimously. Mr. White stated that approval of our application through the San Luis Obispo County Flood Control Water District'to replace the water and sewer mains has been received in an amount not to exceed $17,700. This money will be refunded to the City upon completion of the project. NEW BUSINESS: C-1 Resolution of intention to abandon portion of unused right-of-way on Quintana Road A drawing delineating the -area to be abandoned was displayed and re- viewed by Mr. White for the benefit of the Council and those present RESOLUTION NO. 90-67. RESOLUTION OF INTENTION TO ABANDON A PORTION OF QUINTANA ROAD (FORMERLY LAS TUNAS AVENUE) AND SETTING DATE FOR HEARING Mr. White read Resolution No. 90-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 90-67. Councilman Keiser seconded. Roll call vote: passed unanimously. 16 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August'22, 1967 Page Five C-2 ORDINANCE NO. 66. ORDINANCE AMENDING SECTIONS 4110, 111, 4112, 4115, 4200, 4206, 4210, 4215, 4230, 4231, 4232, 4240, 4260, 4273-and 5307.4, AND DELETING SECTIONS 4203 and 4220 OF THE MORRO BAY MUNICIPAL CODE Mr. White reviewed the various sections to be deleted and/or amended for the benefit of the Council and those present. He stated these changes have been recommended by Staff. No Council action required atthis time. The first reading of Ordinance No. 66 will be held September 12, 1967. C-3 Request from Department of Housing and Community Develop- ment requesting notification on enforcement of local building ordinances. Mr. White stated a notice has been received from the State Department of Housing and Community Development relating to the enforcement of local building ordinances. There are provisions where the local agency has to notify the State that the ordinances are being enforced equal to, or greater than, State statutes. RESOLUTION NO. 91-67. RESOLUTION RELATING TO THE ENFORCE- MENT OF LOCAL ORDINANCES PRESCRIBING MINIMUM STANDARDS EQUAL TO OR GREATER THAN PROVISIONS OF THE HEALTH AND SAFETY CODE. Mr. White read Resolution No. 91-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 91-67. Councilman Keiser seconded. Roll call vote: passed unanimously. C-4 Application of Ralph Ruse for franchise to operate Harbor Excursion Boat Mr. White stated an application has been received from Ralph L. Ruse for a franchise to operate his sightseeing and excursion boat. Mr. Kardel, City Attorney, reviewed the legality of issuing such a franchise to Mr. Ruse for the benefit of the Council and those pre— sent, and suggested that he meet with Mr. Renetzky, attorney for Mr. Ruse, to discuss this matter. Councilman Keiser suggested that this matter be researched by our legal counsel and a report be made to the Council. MOTION: Councilman Mallery moved that we deny the request of Mr. Ruse. Councilman Bickford seconded. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 22, 1967 Page Six Further discussion held among_membeis of the Council and staff. Comments were heard from Mr. Ruse regarding his request, after which further discussion was held. Roll call vote: AYES: Councilmen Bickford and Mallery NOES: Councilmen Bowen, Keiser & Mayor Surfluh MOTION: Councilman Bowen moved that the.staff be directed to instruct our City Attorney to pursue this meeting with Mr. Renetzky regarding a:franchise for "Tiger's Folly". Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bowen, Keiser and Mayor Surfluh NOES: Councilmen Bickford and Mallery C-5 Request of Sylvester Bros. to construct a 6 foot fence on a portion of Lease Sites 53 and 54 Mr. white stated a request has been received from Sylvester Bros. for permission to install a 6 foot fence on a portion of Lease Sites 53 and 54. He further stated the Planning Commission has recommended that this request be granted. A map showing the proposed fence was reviewed for the benefit of the Council and those present. MOTION: Councilman Bickford moved that we grant per- mission to Sylvester Bros. to construct this fence under the same architectural standards as were used by the Morro Bay Yacht Club. Councilman Keiser seconded. Passed unanimously. C-6 Proposal to construct commercial boat slips in conformance with Harbor Plan Mr. White stated this item was placed on the Agenda at the request of Councilman Keiser. A schematic drawing showing the location of the proposed boat slips was displayed and reviewed for the benefit of the Council and those present. Lengthy discussion was held among members of the Council and Staff relative to the need of constructing the additional commercial boat slips, and the amount of rent to be charged for the slips. Comments were heard from Joe Giannini and Harry Otis regarding this matter. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 22, 1967 Page Seven Mr. White requested some direction from the Council to either drop the project or to prepare a proposal to be presented to the Council for their final action. MOTION: Councilman Bowen moved that the Staff be directed to proceed with further information for this, with the ultimate goal in mind that it be put on the Agenda and that the Staff proceed with alacrity to help our fishermen dock their boats. Councilman Keiser seconded. Further discussion held among members of the Council. Motion passed unanimously. C-7 (Added) Mr. White stated a request has been received from the Morro Dunes Campground for the final approval of the completed project on said lease. He further stated that it has been inspected and the building permits have been signed off, and that it would be in order to re- lease the cash bond in the amount of $13,500 at this time. MOTION: Councilman Mallery moved that the cash bond be returned and Staff is authorized to accept the• final approval. Councilman Bickford seconded. Passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION: DD=1 City Council Members of the City Council had nothing to, present at this time. D-2 City Attorney a. Mr. Kardel stated that on Wednesday, August 23, 1967, he will meet with Mr. Murphy to discuss the Thomas Litigation and a report will be made to the Council' at•the next Council meeting. b. Mr. Kardel suggested to the Council that they raise the bed tax to 5% as an extra source of income. Mr. White reviewed the revenue measures that affect cities which are the cigarette tax, sales tax and the franchise tax on tele- phones. He also stated that there is a possibility of increasing the business license fee, water rates and sewer service charge. No Council action taken at this time. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 22, 1967 Page Eight D-3 City Administrator a. Financial Report for the period August 1 through August 15, 1967. MOTION: Councilman Bowen moved that the Financial Report for the period August 1 through August 15, 1967 be approved. Councilman Keiser seconded. Passed unanimously. CORRESPONDENCE: 1. Letter dated August 22, 1967 from the Pacific Gas & Electric Company re: the abandonment of a portion'of Quintana Road and requesting that their right-of-way be protected. 2. Copy of the Agenda of the Harbors and Watercraft Commission meeting held August 21, 1967. 3. Notice from the League of California Cities re: Quarterly meeting of'the Channel Counties Division to be held November 14, 1967. 4. Notice from the Public Utilities Commission of the State of California re: Order Instituting Investigation Regarding the Priority List of Railroad Grade Crossings. 5. Letter from Senator Grunsky acknowledging receipt of our letter of July 12 in support of AB 2454. 6. Letter from the City of Carpenteria re: Resolution pertaining to SB 1368. 7. Letter from Mrs. .E. R. Renz of Bakersfield protesting the compulsory charge for garbage pickup. 8. Letter from the University of California Extension inviting Mayor Surfluh to attend a seminar from October 5 thru 7, 1567 in Santa Barbara re: State -Local Finance. 9. Letter from Governor Reagan's office re: Salute to City and County Government Week; October 8 thru October 14, 1967. This item deferred to September 12, 1967. MOTION: Councilman Bowen moved that the Correspondence be filed. Councilman Bickford seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 22, 1967 Page Nine ADJOURNMENT: MOTION: Councilman Keiser moved for adjournment. Councilman Bickford seconded.. Passed unanimously. Meeting adjourned at 11:19 P.M. RECORDED BY: C. TED WHITE, C ty lerck MINUTES - MORRO BAY CITY Adjourned Regular Session August 10, 1967 7:30 City Hall Conference Room Mayor Surfluh called the meeting to order at 7:42 P.M. adjourned meeting from the regular City Council meeting 8, 1967. Councilmen Also Present; Peter Deputy City Clerk. This is an held August RESOLUTION NO. 86-67. RESOLUTION APPROVING FINAL SETTLEMENT AGREEMENT INCLUDING LEGAL DESCRIPTIONS BETWEEN CITY OF MORRO BAY AND STATE OF CALIFORNIA, AND AUTHORIZING THE MAYOR TO SIGN. Resolution No. 86-67 was presented ation, and reviewed by Mr. Kardel. No. 86-67 in its entirety. the Council for their consider- . Kardel then read Resolution Councilman Bowen moved that Resolution No. 86-67 be adopted. Councilman Keiser seconded. Roll call vote: passed unanimously. Councilman Bowen moved that the regular meeting be closed and that we adjourn to executive session. Councilman Keiser seconded. Passed unanimously. adjourned The pending litigation relative to the Thomas, et al. vs. City of Morro Bay was reviewed and discussed in depth by and between members of the City Council and City Attorney, Mr. Kardel. Councilman Bowen moved that the City Attorney is hereby instructed not to enter into any stipulation extending time under. Code of Civil Procedure Section 583 with respect to Thomas, et al. vs. County of San Luis Obispo, et al., No. 27578. Councilman Bickford seconded. Passed unanimously. discussion MINUTES - MORRO BAY CITY COUNCIL August 10, 1967 PAGE TWO MOTION: Councilman Mallery moved that we'make a payment to Mr. Wiegel; through•Mr.'Kardel's'trust account, in the amount of $2,500. Councilman Bowen seconded. Passed unanimously. MOTION: Councilman Bowen moved to adjournthe executive session to open meeting., Councilman Keiser seconded. Passed unanimously. Executive session ajourned at 10:15 P.M. MOTION: Councilman Bickford moved that the meeting be adjourned. Councilman Bowen seconded. Passed unanimously. Meeting adjourned at 10:15 P.M. RECORDED BY: DAISY . SCHACHT, Deputy City Cle MINUTES - MORRO BAY CITY COUNCIL Adjourned Executive Session August 8, 1967 11:20 P. M. Morro Bay Recreation Hall Mayor Surfluh called the meeting to order at 11:24 P.M. This meeting is an adjourned executive session from the regular meeting held this date. PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None Others present: Peter M. Kardel, City Attorney; C. Ted White, City Administrator and Daisy M. Schacht, Deputy City Clerk. A review was given by Mr. Kardel relative to the litigation regarding Thomas, et al. vs. City of Morro Bay. No Council action taken at this time. MOTION: Councilman Mallery moved that we adjourn this meeting to a continued executive session to Thursday, August 10, 1967 at 7:30 P.M. in the Conference Room at City Hall. Councilman Bowen seconded. Passed unanimously. MOTION: Councilman Bowen moved that the meeting be brought back to open session. Councilman Keiser seconded. Passed unanimously. The matter pertaining to the legal description of the Agreement be- tween the City and State was reviewed by Mr. Kardel for.the benefit of the Council. It was the determination of the Council that this item would be discussed in open session on Thursday, August 10. MOTION: Councilman Mallery moved to adjourn this regular meeting to an adjourned session on Thursday, August 10, 1967 at 7:30 P.M. at the City Hall. Councilman Bowen seconded. Passed unanimously. - Meeting adjourned at 11:50 P.M. RECORDED BY: r C. TED� WHITE, City Cl— e�— NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Tuesday, August 8, 1967 at 7:30 P.M. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, and will consider the establish- ment of a compulsory procedure for the periodic collection and disposal of all refuse that accumulates within the City of Morro Bay by the adoption of a refuse collection ordinance, and at said public hearing any person interested may appear and express their views for or against or in modification of the proposed ordinance. DATED: July 24, 1967 C. TED WHITE, City Clerk City of Morro Bay, California CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING August 8, 1967 7:30 P. M. Morro Bay Recreation Hall . Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular Meeting of July 25, 1967 HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on Refuse Collection Ordinance A-2 Report on San Jacinto and Yerba Buena Intersections UNFINISHED BUSINESS B-1 Resolution approving Use Permit to V. Moores for floating bait tanks NEW BUSINESS C-1 Request of Cabrillo Enterprises for assignment of Lease Sites 82 to 85 and 82W to 85W C-2 Resolution approving Use Permit for annual Rock-O-Rama C-3 Resolution setting date for hearing on the proposed zoning ordinance and zoning map C-4 Request of W. Mallery to construct and install floats on Lease Site 37W C-5 Request to clear delinquent accounts for boat dockage C-6 Request for adjustment in sewer service charges to Atascadero Beach State Park INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: August 22 and September 12,.1967 2. Planning Commission Meetings: August 15 and September 5, 1967 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 8, 1967 7:30 P. M. Morro Bay Recreation Hall Meeting was called to order at 7:33 P. M. with -the Pledge of Allegiance. Mayor Surfluh gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None MINUTES: Minutes of the regular,meeting, of July 25, 1967 were considered by the City Council. Mayor Surfluh asked if there were any corrections to be made to said minutes. MOTION: Councilman Bowen moved that the minutes of the regular meeting of July 25, 1967 be approved as written. Councilman Keiser seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS: A-1 Hearing on Refuse Collection Ordinance Mr. White stated that on July'll,-1967, the City Council passed Resolution No. 74-67 setting forth the date, time and place for the conduct of this public hearing; that the legal advertising requirements have been complied with, and that it would now be in order to open the hearing on the proposed Refuse Collection Ordinance.' ORDINANCE NO. 64. AN ORDINANCE CREATING CHAPTER'II TO TITLE III OF THE MORRO BAY MUNICIPAL CODE ENTITLED REFUSE COLLECTION ORDINANCE. Mayor Surfluh asked that the proposed refuse collection ordinance be read in full prior to the public hearing. Mr. White then read said Ordinance in its entirety for the benefit of the Council and those present. Members of the Council questioned, and discussed, in depth, portions of the proposed ordinance relating to the charges per month, size of dis- posal can, the definition of 'waste material', whether an individual can still haul his own refuse to the dump and if the dump will accept it, whether lawn trimmings can be put into the trash receptacle, lining the containers with a suitable liner, wrapping garbage, garbage collection station, and whether the refuse collector is to designate the location of the collection stations in commercial occupancies. MOTION: Councilman Bowen moved to strike the words "and the Refuse Collector" in Section 3205.1. Councilman Keiser seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 8, 1967 PAGE TWO Discussion held regarding Items 'C' and 'G' in Section 3204.1 on Page 3. Mr. White requested some direction from the Council as to whether or not they wish to omit these two sections or leave them in the proposed ordinance. MOTION: Councilman Keiser moved that we strike Item 'G' from Section 3204.1. Councilman Bickford seconded. Councilman Bowen recommended that before the Council makes a final determination on these items that we hear from the audience. Councilman-Keisei then withdrew her motion and Councilman'Bickford withdrew his second. Comments were heard from Councilman Mallery who objected to the ordi- nance being compulsory. He reviewed the Refuse Ordinance now in effect in the City of San Luis Obispo, stating he felt this would be a good ordinance for the City of Morro Bay to use as a guideline. He also objected to -the City being involved in the collection of the monthly garbage bills. Further discussion held. Mayor Surfluh declared the public hearing open at 8:35 P.M. Those speaking for all; or a portion, of the proposed ordinance were: Bob Hawkes, Don Olson, Luther Whitten and Leo Wisenberger. Those speaking against all, or a portion, of the proposed ordinance were: G. W. Middleton, Don Olson, Virginia Neely, J. T. Smith, Miles Castle, Joe Giannini, Mr. Connel, Joe Collier, and Mr. Kennedy. Other comments were heard from Mrs. Waggoner of the Morro Bay Garbage Company, Neil Moses and Roy Jonasson. Mr. Jonasson recommended that the Council put this to a vote of the public on whether they want a compulsory garbage ordinance or not. Lengthy discussion was held among members of the Council, Staff and audience relative to the proposed refuse ordinance. MOTION: Councilman Bowen moved to defer this to a later date. Mr. White suggested that the public hearing be continued to the meeting of September 12, 1967, due to the fact that the Zoning Ordinance hearing will be held at the next regular meeting on August 22, 1967. Councilman Bowen amended his motion to include the date of September 12, 1967. Councilman Mallery seconded. Passed unanimously. RECESS: 9:48 P.M. RECONVENED: 10:08 P.M. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 8, 1967 PAGE THREE A-2 Hearing on San Jacinto & Yerba Buena Intersections Mr. White stated that, at the request of the City Council, a report has been prepared by the Director of Public Works pertaining to what has transpired relative to the above -mentioned intersections. Mr. White then reviewed the report for the benefit of the Council and those present. Comments were heard from Mrs. Shirley McGuire relative to the number of accidents which have occurred at the intersection of San Jacinto during the past month. MOTION: Councilman Keiser moved that staff contact the State and ask for a review of the area to see, if anything can be done to prevent accidents. Councilman Bickford seconded. Further discussion held among members of the Council, Staff and Mrs. McGuire. Motion passed unanimously. Staff to report back on this item. UNFINISHED BUSINESS: B-1 Resolution approving Use Permit to V. Moores for floating . bait tanks. Mr. White stated a proposal was presented to the Council on July 25 for the installation of floating bait tanks in the vicinity of Target Rock. The necessary permit from the Corps of Engineers.approving this project has been received. RESOLUTION NO. 82=67. RESOLUTION APPROVING GRANT OF USE PERMIT TO L. VIRGIL MOORES FOR CONSTRUCTION AND INSTALLATION OF BAIT TANKS Mr. White read Resolution No. 82-67 in its entirety. MOTION: Councilman Bowen moved that Resolution No.. 82-67 be adopted. Councilman Bickford_ seconded. Roll call vote: passed unanimously: NEW BUSINESS: C-1 Request of Cabrillo Enterprises for assignment of Lease Sites 82 to 85 and 82W to 85W Mr. White stated a verbal request has been made for an assignment of leasehold interest of Lease Sites 82.thru 85 and 82W thru 85W. He then 40 MINUTES - MORRO Regular Meeting PAGE FOUR BAY CITY COUNCIL August 8, 1967 reviewed the Rental Study of said Lease Sites for the benefit of the Council and those present. MOTION: Councilman Bickford moved to refer this to staff for further action. Councilman Bowen seconded. Passed unanimously. C-2 RESOLUTION NO. 83-67. RESOLUTION GRANTING A USE PERMIT TO MORRO BAY CHAMBER OF,COMMERCE TO CONDUCT ANNUAL ROCK-O-RAMA CELEBRATION Mr. White stated that the Rock-O-Rama Committee had informed him that the Boat Parade of Lights has been discontinued but they will have sailboat races, kayak.races and other related activities. Mr. White then read Resolution No. 83-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 83-67. Councilman Keiser seconded. Roll call'vote: passed unanimously. Councilman Bowen stated the Boat Parade of Lights will be held in con- junction with the Power Boat Races to be held in October. C-3 RESOLUTION NO. 84-67. RESOLUTION SETTING DATE AND TIME FOR PUBLIC HEARING ON ADOPTION OF A ZONING ORDINANCE AND ZONING MAP Mr. White read Resolution No. 84-67,in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 84-67. Mr. Jack Youngs, representing the Multiple Listing Service,.asked the Council to extend the hearing on the proposed Zoning Ordinance and Zoning Map to a later date. Lengthy discussion held among members of the Council and Staff relative to the legal requirements of the City in having a Zoning Ordinance as the existing Interim Zoning Ordinance expires in October and cannot, be readopted according to State law. Mr. White recommended that the proposed Zoning Ordinance have the first reading on August 22, the second reading on September 12 and subsequently adopted. If, after that time, an individual or a group desires that an amendment be made to the Ordinance, it could then be considered by the Planning Commission and City Council. Further discussion held. Councilman Keiser seconded Councilman Bickford's motion. Roll call vote: passed unanimously. . MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August,8,, 19.67 PAGE FIVE C-4 Request of W. Mallery to construct and install floats on ' Lease Site 37W A drawing of the proposed installation was presented to the Council, for their consideration and review. Mr. White reviewed the procedures to be followed in securing approval of this request. MOTION: Councilman Bowen moved that this request be granted and submitted to the Corps,of Engineers. At this time, Councilman Mallery asked the records to show that he has removed himself from the. Council and is now speaking as a private citizen. Mr. Mallery then stated that he had obtained a building permit from the County of San Luis Obispo in 1963 which allowed him to complete the construction within a 5 year period, which period expires in 1968. He stated that, since he does have the permit from the County, he should not be required to take out a new permit and comply with new ordinances that are in effect within the City at this time. He further stated he feels the Council is legally bound to honor the County lease and to honor the building permits and plans that were given to him by. the. County. He did state, however,.that the permit had expired. . Councilman Bickford seconded Councilman Bowen's motion. Passed unanimously. Councilman Mallery abstained.. Mr. White stated the Corps will be notified of the Council's sanction to these plans, requesting the necessary permit. Mr. Mallery stated that since he cannot comply with the present building conditions, he will take legal steps to see that the,Council complies with the County lease. Mr. Mallery then stated, for the record, that he is sitting as a Councilman again. C-5 Request to clear delinquent accounts for boat dockage Mr. White stated authorization is requested to clear the following delinquent accounts for boat dockage from the City records: . Earl B. Aggus, $40; James W. Osborn.' $10; Perry W —Hawkins, $9.50; Paul E. Lune, $2; and Mel Van Ronk,,$44, fora total of $126.00. MOTION: Councilman Bowen moved that these delinquent accounts be cleared. Councilman Bickford seconded. Passed unanimously. a MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 8, 1967' PAGE SIX C-6 Request for adjustment in sewer service charges to Atascadero Beach State Park. Mr. White reviewed the provision relating to sewer charges in the Agreement with the State of California for the Atascadero State Beach Park for the benefit of the Council and those present. He stated the' equipment installed by the State to record the amount of sewage that is treated operated in a faulty condition and did not give a true account of sewage treated. It was requested that the Staff be allowed to negotiate a fee based on the number of gallons of water received through the water meter. The total cost.for the 1966-67 fiscal year would then be $129.34. MOTION: Councilman Bickford moved that we extend this figure ($129.34) to the State as an adjusted figure on the sewer charges. Councilman Keiser seconded. Passed unanimously. C-7 RESOLUTION NO. 85-67. RESOLUTION APPROVING PLANS AND Added) SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BID FOR APPLYING BITUMINOUS SEAL TO VARIOUS.STREETS IN THE CITY OF MORRO BAY ( S.• S. PROJECT NO.-38) A map showing the streets to be maintained.in Select System Project No. 38 was reviewed for the benefit of the Council and those present. Mr. White then read Resolution No. 85-67 in its entirety.' MOTION: Councilman Bickford moved for the adoption of Resolution No..85-67. Councilman,Bowen seconded. Roll call vote: passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council Members of the City Council had -nothing to present at this time. D-2 City Attorney (a) Mr. Kardel stated we have been advised by the insurance carrier on the Medeiros suit that our disposition, to date, on the suit has been satisfactory with them. No action required at this time. (b) Mr. Kardel stated it has been 5 years since the filing of the Thomas Suit and it will elapse on. Sunday, August 13, 1967. He requested the Council to meet in executive session prior to the 13th to discuss this matter. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 8, 1967 PAGE SEVEN Discussion held relative to a date for said executive session. Mayor Surfluh suggested that we adjourn to a short executive session at the conclusion of this evening's meeting - MOTION: Councilman Bowen moved that we meet on another date. Motion died for lack of a second Further discussion held, after which it was determined that a date will be set at the conclusion of tonight's meeting. D-3 City Administrator (a) Financial Report for the period July 16, 1967 thru July 31, 1967. MOTION: - Councilman Keiser moved for the approval of the Expenditure Report for the period July 16, 1967 thru July 31, 1967. Councilman Bickford seconded. Passed unanimously. CORRESPONDENCE: 1. Letter from Alcoholics Anonymous Central Coast Intergroup inviting the Council to attend their meeting to be held August 19, 1967 at 8:00 P.M. in the Morro Bay Veterans Memorial Building. , 2. Letter from the Cayucos Chamber of Commerce inviting the Council to participate in their Centennial Birthday Parade to be held on Saturday, October 28 at 11:00 A.M. 3. Copy of the minutes of the Harbor and Watercraft Commission meeting held July 17, 1967 4. Letter from Senator Donald L. Grunsky acknowledging receipt of our telegram of June 28 re: A—B. 2454 5. Letter dated July 27 from Morro Bay Lions Club expressing appreciation for consideration of their request for use of City Property for the Rock-O-Rama Celebration. 6. Agenda of the Harbors & Watercraft Commission Meeting to be held August 21, 1967 in Santa Cruz, California. 7. Copy of a letter dated August 2 from,the California Roadside Council re: the Sign Ordinance. 8. Copy of the Legislative Bulletin dated August 1,..1967 per- taining to the new,Cigarette Tax and Sales Tax: Mr. White stated further information regarding these two items will be brought to the attention of the Council at a later date. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting August 8, 1967 PAGE EIGHT 9. Invitation from the Arroyo Grande .Valley Gay Nineties Harvest Festival Committee to the Council to participate in the parade to be held September 30, 1967. ' 10. Copy of a letter dated July 28 from the Santa Barbara Sea Shell Association requesting Harbor Patrol on September 8, 9 & 10 for their -annual out of town regatta. . 11. Notice of Cancellation of the regular meeting of August 1 of the San Luis Obispo County Water Resources Advisory Committee. Next meeting to be held September 6, 1967. 12. Copy of a brochure from the City of Walnut Creek,.California'. 13. Letter from Mrs. Marie Kirchner objecting to the proposed Refuse Ordinance. 14. Letter from Mrs. -Phil Wainwright objecting to the proposed Refuse Ordinance. MOTION: Councilman Bowen moved that the correspondence be filed. Councilman Bickford seconded. Passed unanimously. ADJOURNMENT:. . MOTION: Councilman Bickford moved that this meeting be adjourned to executive.session. .Councilman Bowen seconded. Passed unanimously. Meeting adjourned to executive session at 11:20.P.M. RECORDED BY: 0. z C. TED WHITE, City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Tuesday, July 25, 1967, 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 Harbor element of the City's General Plan, at which said public hearing any person interested may appear and express their views for or against or in modification of the proposed Harbor element of the City's General Plan. 0 C. TED WHITE, City Clerk City of Morro Bay, California DATE: July 7, 1967 REF: P.O. No. 2838 0 ADDENDA TO THE AGENDA 1 . MORRO BAY CITY COUNCIL MEETING July.25, 1967 UNFINISHED BUSINESS B-4 Water lease to Virg Moores to install bait tanks in the vicinity of Target Rock CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 25, 1967 .7:30 P. M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll call MINUTES 1. Regular Meeting of July 11, 1967 HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on appeal of City Neon of denial of use permit to install a sign exceeding maximum height limitations. A-2 Hearing on the adoption•of the Harbor Element of the City General Plan. A-3 Annual report of San Luis Obispo County S.P.C.A., Woods Animal Shelter. UNFINISHED BUSINESS B-1 Resolution Reappointing Members of the Planning Commission. B-2 Lease of water area to R. C. Ruse adjacent to existing Lease Sites 122W and 123W. B-3 Request of Golden Tee Motel, Inc. for change of date of first phase of development.' NEW BUSINESS C-1 Resolution Adopting and Submitting a Budget for.Expenditure of State Allocated (Engineering) Funds. C-2 Resolution Approving Plans and Authorizing Advertisement for Bids for Construction of Sewer & Water Mains across Morro Creek. C-3 Resolution Approving Agreement with Morro Bay Chamber of Commerce for Fiscal Year 1967-68. C-4 Notification from the California State Disaster Council that Morro Bay is an accredited Disaster Council organization. C-5 Request of Martel DeHaven (Maltby), Lease Site 68, to construct improvements. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: August 8 and 22, 1967 2. Planning Commission Meetings: August 1 and 15, 1967 MINUTES - CITY COUNCIL MEETING Regular Meeting July 25, 1967 7:30 P. M. Morro Bay Recreation Hall Meeting was called to order at 7:36 P.M. With the Pledge of Allegiance. Mayor Surfluh gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None MINUTES Minutes of the regular meeting of July 11, 1967 were considered by the Council. Mayor Surfluh asked if there were any corrections to be made to said minutes. There being none, he entertained a motion to dispense with the reading of the minutes and approve them as written. MOTION: Councilman Bickford moved to dispense with the reading of the minutes of the meeting of July 11, 1967, and to approve them as written. . Councilman Keiser seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on appeal of City Neon of denial of use permit to install'a sign exceeding maximum height limitations. Mr. White reviewed the application of City Neon, Inc., on behalf of William C. Chuba, to install a sign which exceeds the maximum height limitations of the Sign Ordinance. A drawing of the proposed sign was distributed to members of the Council for their consideration. Mr. White then reviewed the action,taken by the Planning Commission in denying this request. Mayor Surfluh declared the hearing open to the public at 7:40 P.M. and asked if anyone in the audience wished to speak in favor of or in opposition to the denial of said request. There being no one desiring to be heard, Mayor Surfluh declared the public hearing closed at 7:41 P.M. Mr. White read the letter of appeal dated June 21, 1967, received from City Neon, Inc., in.its entirety. MOTION: Councilman Keiser moved that the request be denied. Councilman Bickford seconded. Comments were heard from Charley Albaugh of City Neon, Inc. regarding the denial of said use permit. rI L E MINUTES - CITY COUNCIL Regular Meeting July 25, 1967 ' PAGE TWO Roll call vote: passed unanimously. A-2 Hearing on the 'adoption of the Harbor Element of the City General Plan Mayor Surfluh introduced Colonel Norman E. Pehrson, Glen Ward and Perry Davis of the U. S. Army Corps of Engineers to the Council and those present. Mr. Larry Wise of Hahn, 'Wise & Associates reviewed for the benefit of the Council and those present the theory of a General Plan and the concept of the Harbor Element of the City's General Plan as it is proposed. A map of the proposed Harbor Element was displayed and reviewed in depth. Mr. Haus Graham of Koebig & Koebig then spoke regarding his firm's participation in the development -of the proposed.Harbor Element and General Plan. Mayor Surfluh asked if any member of the Staff or Planning Commission wished to make any comments regarding the Harbor Element. Mr. White stated any comments by Staff would.be reserved until comments from the audience were heard. Colonel Norman E. Pehrson of the U. S. Corps of Engineers reviewed the actions which have previously transpired relative to the Morro Bay Harbor. He stated that unless the Corps receives a plan for improve- ment for Morro Bay Harbor, in accordance with the desires of the local citizenry and the sponsor, along with a statement of support from the City, no further study will be made by the Corps of Engineers on their Review of Report on Morro Bay Harbor. Mr. White reviewed the actions taken at the public hearing on the Harbor Element held by the Planning Commission, stating it was the unanimous decision of the Planning Commission to adopt the proposed Harbor Element of the General Plan. Mayor Surfluh declared the hearing open to the.public at 8:17 P.M. Those speaking in opposition to the Harbor Element, or a portion of it, were: Joe Giannini, Peggy Lipe, Hugh Case, Mary Brown, Mrs. Christopher and Neil Burton. Those speaking in favor of the proposed Harbor Element were: Dr. William Newman, Jack Jennings, Leroy Jones, Jim Stocking, Mary Barrett, Neil Moses and Stan Dolezal. Comments and questions were heard from Mr. Close, Mave Hayes, Chuck Sites and other members of the audience. Colonel Pehrson and Glen Ward spoke regarding the procedures which the Corps of Engineers follow in determining the feasibility of a harbor element. MINUTES - CITY COUNCIL Regular Meeting July 25, 1967 PAGE THREE There being no other comments to be heard from the audience, Mayor Surfluh declared the public hearing closed at 9:38 P.M. He then asked members of the Council if they wished to speak regarding the proposed Harbor Element. Councilman Mallery spoke against the proposed Harbor Element of the General Plan, and the General Plan in its entirety. Comments in favor of adopting the proposed Harbor Element were heard from Councilmen Bickford, Bowen, Keiser & Mayor Surfluh. Lengthy discussion held among members of the Council, Staff and Corps of Engineers. RESOLUTION NO. 76-67. RESOLUTION ACCEPTING RECOMMENDATION OF THE CITY PLANNING COMMISSION AND ADOPTING THE HARBOR ELEMENT OF THE CITY GENERAL PLAN Mr. White read Resolution No. 76-67 in its entirety. MOTION: Councilman Bowen moved for the adoption of Resolution No. 76-67. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery RECESS: 10:00 A.M. RECONVENED: 10:18 P.M. A-3 Annual report of San Luis Obispo County S.P.C.A., Wood's Animal Shelter Mr. White stated this item was placed on the Agenda to bring to the attention of the Council the services'of Wood's Animal Shelter for the period July 1, 1966 to June 30, 1967.' Discussion held. No action 'required on this item. UNFINISHED BUSINESS B-1 RESOLUTION NO. 77-67. RESOLUTION APPOINTING MEMBERS TO THE CITY PLANNING COMMISSION AND ESTABLISHING TERMS OF OFFICE. Mr. White stated this resolution was prepared in accordance with Ordinance No. 62, AN ORDINANCE CREATING CHAPTER IV TO TITLE V OF THE MORRO BAY MUNICIPAL CODE ENTITLED "PLANNING COMMISSION" AND. RESCINDING SECTION 2601 AND SECTION 2602 OF CHAPTER VI, TITLE II OF THE MORRO BAY MUNICIPAL CODE, which was passed and adopted on June 27, 1967. Mr. White further stated it was the recommendation of Staff that this resolution be adopted. MINUTES - CITY COUNCIL Regular Meeting July 25, 1967 PAGE FOUR Mr. White stated a letter has been received from Jesse E. Drake requesting a leave of absence from his position as Planning Commissioner. Mr. White then read said letter in its entirety. It was the recommendation of Staff that the resolution, as proposed, be adopted, and then by Minute Order grant Mr. Drake a leave of absence and appoint Mrs. Ruth Woll to act in,his capacity during the leave of absence. MOTION: Councilman Bowen moved that Resolution No. 77-67 be adopted. As the resolution had not been read, Councilman Bowen rescinded his motion. Mr. White then read Resolution No. 77-67 in its entirety. MOTION: Councilman Bowen moved for the adoption of Resolution No. 77-67. Councilman Bickford seconded. Roll call vote: passed unanimously. MOTION: Councilman Bowen moved that Jesse E. Drake be granted a leave of absence from the Planning Commission and that Mrs. Ruth Woll be'appointed to the position of Planning Commissioner during said leave of absence. Councilman Keiser seconded. Passed unanimously. B-2 Lease of water area to R. L. Ruse adjacent to existing lease, Lease Sites 122W and 123W Mr. White reviewed the request of Mr. Ruse for use of the water area adjacent to his existing lease sites for the purpose of dockage space for his harbor excursion boat , and stated final confirmation has been received from the U. S. Army Corps of Engineers for the in- stallation of structures in the water of Morro Bay Harbor. It was the recommendation of Staff that the lease be negotiated by and between the City Council and Mr. Ruse. Mr. White briefly reviewed the proposed lease for the benefit of the Council and those present, stating the applicant has requested a 25 year extension on the option to renew. Lengthy discussion held among members of the Council and Staff relative to the term of the Lease and the rental fee to be paid. MINUTES - CITY COUNCIL Regular Meeting July 25, 1967 PAGE FIVE MOTION: Councilman Bickford moved that we agree to an option for a 25 year renewal on the additional lease. Councilman Mallery seconded. Passed unanimously. MOTION: Councilman Bickford moved that we establish the rental fee on the basis of twelve cents (12C) per square foot per year. Councilman Bowen seconded. Councilman Bickford stated. this is subject to the adjustments in the Consumer Price Index. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery Mr. White stated the Lessee is required to provide a.development and improvement plan for the leased premises and it was requested that the Council make a determination on the length of time Lessee is to be allowed to complete the improvements. Discussion held. MOTION: Councilman Mallery moved to allow Lessee 180 days. Councilman Bickford seconded. Passed unanimously. RESOLUTION NO. 78-67. RESOLUTION APPROVING LEASE TO RALPH L. RUSE Mr. White read Resolution No. 78767 in its entirety., MOTION: Councilman Mallery moved for the adoption of Resolution No. 78-67. Councilman Bickford seconded. Roll call vote: passed'unanimously. B-3 Request of Golden Tee Motel, Inc. for change of date of first phase of development Mr. White stated a request has been made by the Golden Tee Motel, Inca for a change of beginning. date of the first phase of development for their lease site from October 1,'1967 to June 1, 1968. Mr. Kardel stated there is no legal way that,the Council, under the constitution of the State of California providing, an absolute pro- hibition on gift of.public funds, which this would be; could extend that date. He further stated the only way the Council could defer the date would be if the Golden Tee offered something substantially equivalent to what we would be -giving them in deferring the rent pay- ment. MINUTES - CITY•COUNCIL Regular Meeting July 25, 1967 PAGE SIX It was the recommendation Hof the City Attorney that, because of the legal position of the City, this request should be denied. MOTION: Councilman Mallery moved that the request as made by the Golden Tee be denied. Councilman Bickford seconded. Passed unanimously. NEW BUSINESS C-1 RESOLUTION NO. 79-67. RESOLUTION.ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF STATE ALLOCATED (ENGINEERING) FUNDS Mr. White reviewed the proposed budget to be submitted for expenditure of State allocated engineering funds. He then read Resolution No. 79-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 79-67. Councilman Bowen seconded. Roll call vote: passed unanimously. C-2 RESOLUTION NO. 80-67. RESOLUTION APPROVING PLANS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR REPLACEMENT OF SEWER AND WATER MAINS ACROSS MORRO CREEK DAMAGED BY FLOOD WATERS Mr. White reviewed the need for constructing and installing sewer and water mains across Morro Creek, stating that the engineer's estimate for this project is $13,450. Mr. Spellacy, Director of Public Works, reviewed the procedures which are now being followed relative to this project. Discussion held among members of the Council and Staff relative to the cost of this project. MOTION: Councilman Mallery moved that Resolution No. 80-67 be read by title only. Councilman Bickford seconded.. Roll call vote: passed unanimously. Resolution No. 80-67 was then read by title only. MOTION: Councilman Mallery moved for the adoption of Resolution No. 80-67. Councilman Bickford seconded. Roll call vote: passed unanimously. MINUTES - CITY COUNCIL Regular Meeting July 25, 1967 PAGE SEVEN C-3 RESOLUTION NO. 81-67. RESOLUTION APPROVING AGREEMENT WITH MORRO BAY CHAMBER OF COMMERCE, FISCAL YEAR 1967-68 Mr. White stated this is basically the same agreement as the one negotiated in 1966/67 with the exception that one provision has been added which relates to payments made by the City to the Chamber. Discussion held regarding the added provision. Resolution No. 81-67 was then read in its entirety. MOTION: Councilman Bowen moved for the adoption of Resolution No. 81-67. Councilman Bickford seconded. Roll call vote: passed unanimously. Mr. White stated a letter has been received from the Chamber of Commerce requesting payment in the amount of $8,265. Mr. White read said letter in its entirety for the benefit of the Council and those present. He stated this request does not comply with the provisions of the Agreement and requested the Council to give some indication as to their wishes relative to this request. MOTION: Councilman Mallery moved that we instruct staff to convey to the Chamber of Commerce that they will comply with the Agreement. Mr. White suggested that a formula be arrived at whereby the Chamber would have some idea of when they could expect payment. He recommended that an initial payment be made now to allow them to proceed with their projects, one payment be made on February 1, 1968 after the taxes are received, and one payment to be made at a later date. Discussion held, after which Councilman Mallery withdrew his original. motion: MOTION: Councilman Mallery moved that in the Agreement we incorporate in Paragraph 4, subparagraph 'e', that we pay these payments quarterly. Councilman Bickford seconded. Passed unanimously. C-4 Notification from the California State Disaster Council that Morro Bay is an accredited Disaster Council Organization Mr. White stated this item was placed on the Agenda as information only. Other matters relating to Civil Defense will be brought to the attention of the Council in the near future. C-5 Request of Martel DeHaven (Maltby), Lease Site 68, to con- struct improvements. Mr. White stated Mrs. DeHaven has.requested'permission'to install MINUTES - CITY COUNCIL Regular Meeting July 25, 1967 PAGE EIGHT improvements on her lease which would consist of a storage room between two existing buildings. He stated the Planning Commission has recommended that Mrs. DeHaven's request be approved. He further stated it is the recommendation of Staff that it be approved. MOTION: Councilman Bickford moved that we approve the request of Mrs. DeHaven (Maltby). Councilman Mallery seconded. Passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council (a) Councilman Keiser questioned the policy of the Police De- partment regarding information which is released to the news media. Mr. Kardel stated this matter was discussed previously and it was concluded that the police records, including the police blotter'and daily log sheet, are confidential data and not at all -open to public inspection, including the news media. He further stated that upon re-examination of this matter, it is still felt that these records are operational to the Police Department and not "public" records. An opinion will be rendered to the Council and the Chief of Police relative to the police records being confidential material,. (b) Councilman Keiser asked if anything could be done about the intersection at San Jacinto and Main Streets, as a great number of accidents occur at this location. Lengthy discussion held. Mr. White recommended that Staff be directed to review for the Council, in written form, what has transpired in the past in relation to this matter, and to make any recommendations as to what could be done. MOTION: Councilman Keiser moved that Staff be directed to. prepare such a report. Councilman Bickford seconded. Passed unanimously. (c) Mayor Surfluh stated that once a month the Mayors of the cit ei s in San Luis Obispo County have been meeting to discuss mutual problems and to possibly find solutions to some of them. He will keep the Council apprised of any decisions made. D-2 City Attorney Mr. Kardel stated he had nothing to present to the Council at this time. MINUTES - CITY COUNCIL Regular Meeting July 25, 1967 PAGE NINE D_3 City Administrator (a) Financial Report for the period July 1, 1967'to July 15, 1967. Councilman Mallery questioned whether the payment to.Milton E. Willeford was a partial payment on this year's audit. Mr. White stated it was, and that we should have the final audit sometime in August. MOTION: Councilman Mallery moved for the adoption of the Expenditure Report for the period July 1, 1967 to July 15, 1967. Councilman Bickford seconded. Passed unanimously. (b) Transfer Voucher 7-8-01 Mr. White requested authorization to transfer funds from the Encumbered Reserve into the active account for five items contracted for in 1966/67, to be paid for in the 1967/68 fiscal year. Four items relate to street improvements and the fifth is the Harbor Boat. MOTION: Councilman Bickford moved for approval of Transfer Voucher 7-8-01. Councilman Bowen seconded. Passed unanimously. CORRESPONDENCE 1. Letter from SMS Corporation re: zoning 19 acres of land on the sand spit directly north -of the State Park owned by Miss Helen Judson. 2., Letter from Curtis Darling, Attorney, dated July 11, 1967 enclosing payment for Green West Acres in the sum of $4,162.12. This payment for the period June 4, 1967 to.December 31, 1967. ` 3. Notification from Association, Inc. members of,the press, radio Bay area on Friday, October 4. Letter dated July Telegraph Company Plan. E 5. Agenda of the July 28, 1967. i the San Luis'Obispo County Development of a tour of San Luis Obispo County for and television from Los Angeles and the 20, 1967. 11; 1967 from The Pacific Telephone and re: progress in the Toll Free Dialing Fish & Game Commission meeting to be held on MINUTES - CITY COUNCIL Regular Meeting July 25, 1967 „ PAGE TEN 6. Minutes of the Fish,& Game Commission meeting held April 7, 1967. 7. Letter dated July 10, 1967 from the San Luis Coastal Unified School District enclosing the first draft of a Civil Defense & Disaster Preparedness Plan for the School District. 8. Legislative Bulletin dated July 13, 1967. As an information item only, Mr. White stated AB 2454 was passed by the Senate Transportation Committee and has now gone to the floor of the Senate. MOTION: Councilman Bowen moved that the correspondence be filed. Councilman Keiser seconded. Passed unanimously. ADJOURNMENT MOTION: Councilman Keiser moved for adjournment. Councilman Bickford seconded. Passed unanimously. Meeting adjourned at 11:50 P.M. RECORDED BY: O� C. TED WHITE, City Clerk 0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING July 11, 1967 7:30 P. M. Morro Bay Recreation"Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of June 27, 1967 HEARINGS, APPEARANCES AND REPORTS A-1 Report on procedures to follow to form Improvement District No. 4, Paving of dirt streets in North Morro Bay. UNFINISHED BUSINESS B-1 Letter re: establishment of a planning council of the cities of San Luis Obispo County and the County of San Luis Obispo. B-2 Recommendation of Planning Commission re: adoption of the Harbor Element -of the City's General Plan. NEW BUSINESS C-1 Request of Morro Bay Lions Club for use permit for use of City owned property for Lions Club Gay -Way during Rock-O-Rama. C-2 Resolution adopting and submitting a budget for expenditure of funds allocated from the State Highway Fund to Cities. C-3 Request for additional use, Lease Sites 87, 88, 87W and 88W by Ralph Gunther on behalf of G. Uptegrove. C-4 Submission of proposed garbage ordinance and'resolution of intention to hold a public hearing on the adoption of said ordinance. C-5 Offer of sale of property adjacent to City Hall from N. Rydell. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: July 25 and August 8, 1967' 2. Planning Commission Meetings: July 18 and August 1, 1967 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting 7:30 P. M. July 11, 1967 Morro Bay Recreation.Hall Meeting was called to order at 7:33 P.M. with the Pledge of Allegi- ance. Mayor Surfluh gave the invocation. ROLL CALL y PRESENT: Councilmen Bickford, Keiser,'Mallery &,Mayor Surfluh ABSENT: Councilman Bowen MINUTES Minutes of the Regular meeting of June.27, 1967-were considered by the Council. Mayor Surfluh asked if there were any corrections to be made to said minutes. MOTION: Councilman Bickford moved for the approval of the minutes of the Regular meeting of June 13, 1967 as written. Councilman Keiser seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS A=1 Report on procedures to follow to form Improvement District No. 4, Paving of dirt streets in North Morro Bay Mr. White stated that a meeting was held this date by members of the Staff, City Attorney, City Engineer and a representative of Stone & Youngberg, Financial Consultants, to discuss the procedures to be followed in the formation of an improvement district. Lengthy discussion ensued among members of the Council and Staff rela- tive to the aforesaid improvement district acts, the liability of the City in case of a default and the term of the bonds. Mr. Kardel recommended to the Council that successive rather than con- current hearings be held relative to this matter to give everyone a chance to be heard. Councilman Mallery suggested that a fact sheet outlining the bond act to be used be disseminated to each of the property owners in this area so that they will fully understand what is proposed. Discussion held. Staff to prepare a fact sheet at the earliest convenience for presen- tation to the Council. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July '11, 1967 Page Two Mr. White reviewed briefly the timetable involved in the formation of this improvement district. Comments were heard from Mr. Joe Giannini relative to whether, the majority of the people in the Del Mar area desire to have these improvements installed. Discussion held regarding the response received from the property owners in the Del Mar area in the recent mail survey. Results to date indicate that 60% of the residents desire the formation of an improvement district. , No action taken at this time. UNFINISHED BUSINESS B-1 Letter re: establishment of a planning council of the cities of San Luis Obispo County and the County of San Luis Obispo Mr. White stated a letter has been received.from Mayor.Addison B. Wood of Arroyo Grande, addressed to the Mayor, relative to the establishment of a joint powers agreement for the County and cities of San Luis Obispo County with reference to a planning council. This council would consist of a representative from each City Council and the entire Board of Supervisors. This matter was discussed at a recent Mayor's meeting, and the need for said planning council was expressed to City Administrators and Planning Directors by a representative of the State Department of Planning. This relates to the application and approval of Federal Grants submitted by cities and/or the County. Mr. White summarized the Joint Powers Agreement for Santa Barbara County and Cities Area Planning Council, which was attached to Mayor Wood's letter, for the benefit of the Council and those present. Discussion held among members of the Council and Staff regarding the need for said planning council. Mr. White requested that the Council give some indication to the Mayor as to the wishes of the Council so that he may report back to the other Mayors at the next Mayor's meeting. It was the general concensus of the Council that Mayor Surfluh inform the other Mayors that the City is looking into this, is interested and will make a determination after considering all of the information gathered. No further action taken at this time. B-2 Recommendation of Planning Commission re: adoption of the Harbor element of the City's General Plan Mr. White stated the purpose for placing this item on the Agenda is to • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 11, 1967 Page Three bring to the attention of the Council and public that a public hearing will be held'on July 25, 1967 to consider the Harbor element of the General Plan, and also to.present to -the Council a copy of, the Planning Commission's Resolution recommending adoption of the Harbor element. No Council action required at this time. NEW BUSINESS C-1 Request of Morro Bay Lions Club for Use Permit for use of City Property for Lions Club Gay -Way during Rock-O-Rama Mr. White stated a request has been received from the Morro Bay Lions Club for the use of City property in conjunction with the annual Rock-O-Rama celebration. He then reviewed the Use Permit for the benefit of the Council and those present. RESOLUTION NO. 72-67. RESOLUTION GRANTING PERMISSION TO MORRO BAY LIONS CLUB TO USE CITY PROPERTY Mr. White read Resolution No. 72-67 in its entirety. Councilman Mallery requested that there be some assurance that the Kiwanis Club be allowed to participate in the Gay -Way by sponsoring a food booth. Mr. White explained to Councilman Mallery that this - was not a Council decision, that the request should be made to the Gay -Way Committee as this is decided on a first come -first served basis. If the Council were to give any guarantee to any one group or organization, they would have to extend the same guarantee to all. Discussion held relative to Councilman Mallery's request. No action taken. MOTION:. Councilman Keiser moved for the adoption of -Reso- lution No. 72-67. Councilman Bickford seconded. Roll call voter AYES: Councilmen Bickford, Keiser, Mallery &'.Mayor Surfluh NOES: None ABSENT: Councilman Bowen C-2 RESOLUTION NO. 73-67. RESOLUTION ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES. MINUTES MORRO BAY-.CITY'COUNCIL Regular Meeting July 11, 1967 Page Four Mr. White reviewed the budget to be submitted for expenditure of funds allocated from the State Highway Fund to the City of Morro Bay. He then read Resolution No. 73-67 in its.entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 73-67. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Bowen C-3 Request for additional use, Lease Sites 87, 88, 87W and 88W, by Ralph Gunther on behalf of Gaylord Uptegrove Mr. White stated a letter has been received from Ralph Gunther on behalf of Gaylord Uptegrove, requesting additional use on Lease Sites 87, 88, 87W and 88W for the purpose of opening a retail gift shop. Mr. White read said letter in its entirety, and reviewed the current use of said lease sites. Mr. White stated it was the Staff's recommendation that this addi- tional use be granted and that the Council so indicate by Minute Order. Discussion held among members of the Council and Staff relative to this request. MOTION: Councilman Mallery moved to allow the additional use as requested. Councilman Bickford seconded. Passed unanimously. C-4 Submission of proposed garbage ordinance and resolution of intention to hold a public hearing on the adoption of said ordinance Mr. White reviewed briefly the proposed garbage ordinance for the benefit of the Council and those present, and recommended that a date be set for a public hearing on said ordinance. RESOLUTION NO. 74-67. RESOLUTION OF INTENTION TO HOLD A PUBLIC HEARING ON THE ADOPTION OF A REFUSE COLLECTION ORDINANCE MOTION: Councilman Mallery moved that Resolution No. 74-67 be read in its entirety. Councilman Bickford seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 11, 1967 Page Five Mr. White read Resolution No. 74-67 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 74-67. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Bowen C-5 Offer of sale of property adjacent to.City Hall from N. Rydell Mr. White stated an offer has been made to the City by Mr. Norman Rydell who owns property immediately east of City Hall. It was recommended by Mr. White that this offer be held in abeyance until the elements of the General Plan relating to the acquisition of property for public use is received. C-6 Request from Morro Bay Art Association for use of City pro - Added) perty Mr. White stated a request has been received from the Morro Bay Art Association to use the City Park for the purpose of conducting an art show on July 29 and 30, 1967. RESOLUTION NO. 75-67. RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO BAY ART ASSOCIATION Mr. White read Resolution No. 75-67 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 75-67. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Bowen INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council. Nothing presented by any member of the Council at this time. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 11, 1967 Page Six D-2 City Attorney Nothing presented to the.Council at this time. D-3 City Administrator a. Financial Report fortheperiod June 16; 1967 through June 30, 1967. ' MOTION: Councilman Bickford moved for the approval of the Financial Report for,the period June 16, 1967 thru June 30, 1967. Councilman Keiser seconded. Passed unanimously. C-7 Mr. White stated a letter'has been received from Morro Dunes, Added) Inc., immediately prior to tonight's meeting, requesting a modification of their lease to allow occupants to stay in the campground longer than the two week period now in force during the summer months. Morro Dunes requested that the section relating to "Use" in the Lease be amended to read as follows: "This Lease is hereby amended to change '3. USE' to read as follows: Lessee agrees that the principal business to be conducted on the leased premises shall be that of a campground and trailer park consisting of camp sites for camping in the open, in tents and in trailers, together with such caretaker quarters, maintenance facilities and administrative facilities as may be necessary for the conduct of such business. The premises will be used for no other purpose whatsoever without the consent of lessor, evidenced by reso-, lution, first had and obtained. Lessee shall not permit any person to occupy or utilize lessee's facilities or space on the leased pre- mises for more than 30 days in any 45 day period". Mr. White compared the proposed amendment and the Lease as it now exists for the benefit of the Council and those present. Lengthy discussion held among members of the Council and Staff relative to the request for an extended time limit for occupants of Morro Dunes' campground. MOTION: Councilman Bickford moved that Morro Dunes be allowed to rent up to 30 days in any 45 day period through the balance of this calendar year, at which time it is to be reviewed and a determination made on an experience factor; and that the City Attorney be authorized to pre- pare the necessary documentation. Councilman Keiser seconded. Passed unanimously. CORRESPONDENCE 1. Mr. White directed the Council's attention to the Legislative Bulletin dated July 7, 1967 relating to the Unruh -Collier Gas Tax Bills. He requested that Staff be authorized to send a letter to r MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 11, 1967 Page Seven the members of the Finance Committee reaffirming our support of AB2454. Mayor Surfluh entertained a motion that Staff be authorized and directed to send an appropriate letter. MOTION: Councilman Bickford moved that Staff be authorized and directed to send a letter reaffirming our support of AB2454 to members of the Finance Committee. Councilman Keiser seconded. Passed unanimously. 2. Letter from S. M. Rowell re: locating a barge in the Pacific Ocean for fishing purposes. MOTION: Councilman Keiser moved that an appropriate letter be sent to Mr. Rowell. Councilman Bickford seconded. Passed unanimously. 3. Letter from P. G. & E. re: confirmation of the City's right to have first refusal to purchase the leased premises at the Baywood Substation. 4. Letter from Bank of America dated July 3, 1967 thanking the City for a copy of the Economic Survey. 5. Letter from U. S. Senator Thomas H. Kuchel re: City's support of the Highway Beautification Act of 1965. 6. Copy of the Agenda of the Harbors & Watercraft Commission meeting to be held July 17, 1967. 7. Letter dated June 29 from Assemblyman William M. Ketchum re: City's support.of AB2454.: 8. Letter dated June 30 from Senator Tom Carrell re: City's support of AB 2454. 9. Press Release dated -June 30 from Assemblyman William M. Ketchum re: his appointment to the Rancho Montana de Oro State Park Advisory Committee. 10. Press Release and Weekly Report to the 29th Assembly District dated June 23 from Assemblyman Ketchum. 11. Copy of the Summary of Apportionments of Motor Vehicle License Fees for the period.June'l,.1966 to May 31, 1967. 12. Copy of the Application and Opening Brief of Applicant before the Public Utilities Commission of the State of California in the matter of the application of P. G. & E. for a certification of public convenience and necessity to construct, install, own, operate, maintain and use a nuclear fueled power plant in the County of San Luis Obispo, together with transmission lines and related facilities. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting July 11, 1967 Page Eight MOTION: Councilman Mallery moved that the Correspondence be filed. Councilman Bickford seconded. Passed unanimously. ADJOURNMENT MOTION: Councilman Keiser moved for adjournment. Council- man Bickford seconded._ Passed unanimously. t Meeting adjourned at 9:43 P.M. RECORDED BY: �� 2/a-;6: C. TED WHITE, City Clerk I CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 27, 1967 7:30 P.M..: Morro Bay Recreation.Hall Call to Order Pledge of Allegiance Invocation Roll call MINUTES 1. Regular meeting of June 13, 1967 HEARINGS, APPEARANCES AND REPORTS A-1 Presentation of Certificates from the California Water Pollution Control Association to City Employees A-2 Report on results of mail survey re: formation .of Improvement District No. 4, Paving of" dirt streets in North Morro Bay UNFINISHED BUSINESS . B-1 Ordinance No. 58, Sign Ordinance (second reading) B-2 Ordinance No..62, Planning Commission Ordinance (second reading) B-3 Presentation of Final Budget and adoption of Ordinance No. 63, Budget Ordinance for Fiscal Year 1967-68 B-4 Resolution 'giving notice of completion for Select System Project No. 32, Street improvements on Morro Bay Boulevard and Main Street B-5 . Resolution giving notice of completion for Select System Project Nos. 34 & 36, Street construction on Harbor Street and Drainage structure on Main Street NEW BUSINESS C-1 Request for variance.to allow reduction in side lot line set back, Lot 1, Block 33, Morro Heights, at 766 Ridgeway Street C-2 Resolution giving notice inviting bids for publication of legal advertisements C-3 Appeal of City Neon, Inc. on denial of Use Permit to install sign, Rancho E1 Nieto Motel on Main Street C-4 Resolution setting date and time for public hearing on adoption of Harbor Element of City General Plan (tentative date, July 25, 1967) INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Attorney D-2 City Council D-3 City Administrator a. Financial Report b. Transfers CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: July 11 and 25, 1967 2. Planning Commission Meetings: July 6 and July 18, 1967 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 27, 1967 7:30 P.M. . Morro Bay Recreation Hall The meeting was called to order at 7:36 P.M. with the Pledge of Allegiance. Mayor Surfluh gave the invocation. - ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None MINUTES: Minutes of the regular meeting of June 13, 1967 were considered by the Council. Mayor Surfluh asked if there were any corrections to be made to said minutes: MOTION: Councilman Bickford moved to dispense with the reading of the minutes,of June 13, 1967, and, approve them as written: Councilman Keiser seconded. Passed unanimously. HEARINGS, APPEARANCES &_REPORTS: A-1 Presentation of Certificates from the California Water Pollution Control Association to City Employees Mr. White introduced Mr. Bob Conn and Mr. Myron Smith to the Council and those present. Mayor,Surfluh presented the Certificates to Mr. Conn and Mr. Smith and congratulated them for their accomplishment and the effort required to receive said Certificates classifying them as Grade IV Water Pollution Control Plant Operators. A-2 Report on results of mail survey re: formation of Improve ment District No. 4, Paving of dirt streets in North Morro Bay Mr. White explained that a questionnaire was included with each water bill mailed to residents in this area and the results received to date were 78 in favor and 49 in opposition to the formation of this District. He requested permission from the Council to proceed with the formation of the District,'stating this would require a public hearing. Discussion held among members of the Council and Staff relative to the amount of property involved and the time,within which a public hearing could be held. n MINUTES - MORRO Regular Meeting Page Two BAY CITY COUNCIL June 27, 1967 MOTION: Councilman.Bickford moved that we instruct the Staff to proceed with the formation of Improve- ment District No. 4. Councilman Bowen seconded. Passed unanimously. UNFINISHED BUSINESS: B=1 ORDINANCE NO. 58. AN ORDINANCE REPEALING ORDINANCE NO. 60 AND CREATING AND ADDING CHAPTER III TO TITLE V OF THE MORRO BAY MUNICIPAL CODE, ENTITLED SIGN ORDINANCE. (Second reading) Mr. White•stated this Ordinance was read by title only on June 13, 1967 and it now requires reading in full to constitute the second reading. He then read Ordinance No. 58 in its entirety. MOTION: Councilman Bickford moved for the adoption of Ordinance No. 58. Councilman Keiser seconded. Roll call vote: passed unanimously. B=2 ORDINANCE NO. 62. AN ORDINANCE CREATING CHAPTER IV. TO TITLE V OF THE MORRO BAY MUNICIPAL CODE ENTITLED "PLANNING COMMISSION" AND RESCINDING SECTION 2601 AND SECTION 2602 OF CHAPTER VI; TITLE II OF THE MORRO BAY MUNICIPAL CODE. (Second reading) Mr. White stated it would be in order to read Ordinance No. 62 by. title only; as it was read in its entirety on June 13, 1967. MOTION: Councilman Bowen moved that Ordinance No. 62 be read by title only. Councilman Bickford seconded. Roll call vote.: passed unanimously. Mr. White then read Ordinance No. 62 by title only, said reading to constitute the second reading. MOTION: Councilman Bickford moved for the adoption of Ordinance No. 62. Councilman Bowen seconded. Roll call vote: passed unanimously. B-3 Presentation of Final Budget and adoption of Ordinance No. 63, Budget Ordinance for Fiscal Year 1967-68. Mr. White stated the Preliminary Budget was approved on May 15, 1967 and requested the Council to approve the Final Budget as presented at tonight's meeting. Said approval to include the increase in, the State Compensation Insurance in the amount of $1,778.00. He also requested that one additional item in the amount of $2500 for the purchase of appropriate furniture and staging for the Councii.Chambers be considered by the Council at this time. This expenditure to be charged to Budget Account 10-33, City Council -Equipment. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 27, 1967 Page Three . Mr. White then reviewed in depth the need for a Capital Improvement and Equipment Replacement Program for the City. The amount of $37,000 was requested to'be'included in the Capital Improvement Bud- get, and $20,775 was requested to be included in the Equipment Replacement Budget. A tabulation of the final budget, including the General Fund Budget, Capital Improvement Budget and Equipment Replacement Budget was presented to the Council for their consider-' ation. Mr. White, also reviewed,,the reserve fund portion of -the budget for the benefit of the.Council'and those present. The City Administrator stated the budget, as proposed, would.require a tax rate of approximately 97 cents per $100 of assessed valuation using an assessed valuation of 46 million dollars. The tax rate will be determined in late July or early August on receipt of assessed valuation figures from the County. Lengthy discussion held among members of the Council,and Staff regarding the request for furniture and staging for the Council Chambers. MOTION: Councilman Bowen moved that we add the amount of'` $2500 to the General Fund Budget for the purchase of furniture and staging improvements for the Council Chambers. Councilman Keiser seconded. Further discussion held. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery Discussion held regarding the necessity of increasing the Capital Improvement and Equipment Replacement Budget. MOTION: Councilman Bickford moved for the adoption of the Capital Improvement and Equipment Replace- ment schedule. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery . ORDINANCE NO. 63.''AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1967-68 Mr. White read Ordinance No. 63 in its entirety. MINUTES - MORRO BAY CITY COUNCIL Regular. Meeting June 27, 1967 Page Four MOTION: Councilman Bowen moved that Ordinance No. 63 be adopted. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery B-4 RESOLUTION NO. 67-67. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION OF STREET IMPROVEMENTS IN THE CITY OF•MORRO BAY ON MORRO BAY BOULEVARD AND MAIN STREET, SELECT SYSTEM PROJECT NO. 32 Mr. White read Resolution No.. 67-67 in its entirety. MOTION: Councilman Keiser moved for the adoption of Reso- lution No. 67-67. Councilman Bickford seconded. Roll call vote: 'passed unanimously. B-5 RESOLUTION NO. 68-67. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION OF ROAD IMPROVEMENTS IN THE CITY OF MORRO BAY ON HARBOR, STREET FROM MAIN STREET TO PINEY WAY, AND DRAINAGE FACILITIES ON MAIN STREET AT LAS VEGAS STREET, SELECT.SYSTEM PROJECTS NO. 34 & 36 Mr. White read Resolution No.� 68-67 in its entirety.• MOTION: Councilman Bickford moved for the adoption of Resolution No. 68-67. Councilman Keiser seconded. Roll call vote: passed unanimously. NEW BUSINESS C-1 Request for Variance to allow reduction in side lot line setback, Lot 1, Block 33, Mbrro Heights, at 766 Ridgeway Street Mr. White reviewed the report and recommendation of the Planning Commission regarding the application of Mr. L. E. Roberts for the requested variance. A map showing the location of the property was presented to the Council for their consideration. Mr. White stated the Planning Commission recommended approval of the request for a variance by Mr. Roberts. Discussion held among members of the Council and Staff regarding this matter. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 27, 1967 Page Five RESOLUTION NO. 69-67. RESOLUTION GRANTING VARIANCE TO L. E. ROBERTS, Lot 1, Block 33,'Morro Heights Tract Mr. White read Resolution No. 69-67 in its entirety. MOTION: Councilman Keiser moved for the adoption of Resolution No. 69-67. Councilman Bowen seconded. Roll call vote: passed unanimously. C-2 Matter regarding resolution giving notice inviting bids for publication of legal advertisements Mr: Kardel, City Attorney, reviewed the requirements of a public entity in placing legal advertisements in a newspaper of general circulation when there is more than one newspaper within a city. He advised the Council that at the present time there are three newspapers within the County, the Sun, the Morro Bay Bulletin and the Telegram Tribune, which are eligible to receive legal advertising from the City of Morro Bay. He stated, however, that a letter was received this evening from Neil Moses of The Sun informing the City of their intention to request an adjudication by the Court on July 17, 1967, that their newspaper be not only a newspaper of general circulation for the political subdivision of the County of San Luis Obispo, but also for the City of Morro Bay. Due to this fact, it was the recommendation of the City Attorney that this matter be . deferred until such time as an adjudication is 'received from the Court. Lengthy discussion held among members of the Council and Staff relative to the action to be taken in the interim period relating to legal notices that are required to be published prior to July 17. MOTION: Councilman Mallery moved that we continue our -legal advertising with the.Sun until such time as we get the decision from the Court. Councilman Bickford seconded.' Mr. Kardel stated that in order for the City to be certain of its legal standing regarding the publication of legal notices, it would be his recommendation to the, Council that they continue their adver- tising with the Sun, pending the determination of the Court on the Sun's request for an adjudication. Discussion held. Motion passed unanimously. C-3 Appeal of City Neon, ,Inc. on denial of Use Permit.to install sign, Rancho El Nieto Motel on Main Street Mr. White reviewed the action and recommendation of the Planning Commission regarding this matter, and stated a letter of, appeal has been MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL 'June 27, 1967 received from City Neon, Inc. on behalf of Mr. Chuba of the Rancho E1 Nieto Motel. Mr. White stated it would be in order to set a date and time for public hearing on this appeal. RESOLUTION NO. 70-67. RESOLUTION SETTING DATE AND TIME FOR HEARING OF APPEAL OF DENIAL OF CONDITIONAL USE PERMIT TO CITY NEON, INC. ON BEHALF OF W. C. CHUBA Mr. White read Resolution No. 70-67 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 70-67. Councilman Bowen seconded. Roll call vote: passed unanimously. C-4 RESOLUTION NO. 71-67. RESOLUTION SETTING DATE AND TIME FOR PUBLIC HEARING ON ADOPTION OF HARBOR ELEMENT OF CITY GENERAL PLAN Mr. White read Resolution No. 71-67 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 71-67. Councilman Bickford seconded. Roll call vote: passed unanimously INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Attorney a. Mr. Kardel stated two communications have been received from Mrs. Pipkin objecting to the improvement of a street end adjacent to her lease on the Embarcadero. Mr. Kardel stated that if there is no objection from the Council, the City Attorney will advise Mrs. Pipkin, through her attorney, that the work being done by the Public Works Department is appropriate and will continue, including the removal of a certain vehicle parked,on said property. b. Mr. Kardel stated a Claim has been filed against the City by a Mr. Tony Medeiros, said Claim being received on June 19, 1967. Mr. Kardel advised the Council that they have 20 days from the date of re- ceiving the Claim to give a notice to Mr. Medeiros, in writing, of any substantial differences or omissions in the Claim.' Mr. Kardel also stated the City has a period of 45 days within which to accept or reject the Claim. The Claim can be rejected by the City Council taking no action on it, and he stated it is the recommendation of the City Attorney that no action be taken, thereby rejecting the Claim. This is recommended in accordance with the in- structions from the insurance company. MINUTES - MORRO Regular Meeting Page Seven BAY CITY COUNCIL June 27, 1967 Relative.to the Council's desire to have a public meeting on this matter, Mr. Kardel stated the insurance company has in- structed the City Attorney's Office not to discuss this matter; either as a full Council, as individual Councilmen, or as employees or representatives of the City. C. Councilman Mallery asked for a clarification of the communications received from Mrs'. Pipkin. Mr. Kardel explained briefly the improvements being made by the Department of Public Works and Mrs. Pipkin's objections to said work being done. Dis- cussion held among members of'the Council, Staff and Mrs. Pipkin. d. Relative to the Tony Medeiros Claim, Councilman Keiser asked Mr. Kardel to clarify the fact that the City is not being sued, that it is an insurance claim. Mr. Kardel did clarify this matter for the Council and those present, and urged again that this matter not be discussed by members of the Council or City employees. e. Mr. Kardel briefly reviewed the qualifications of Mr. Paul Giehs who will be replacing Michael Phelan effective July 1, 1967. D-2 City Council a. Councilman Mallery gave a brief report to the Council re- garding the legislation on the export of California Abalone, stating the Bill has been signed allowing the exportation of California Abalone. Councilman Mallery also stated he attended a meeting in Gonzales regarding the matter of.the Sea Otter. There was no action taken at this meeting. b. Councilman Keiser brought to the attention of the Council that AB 2454 relative to'amending the Collier -Unruh gas tax fund is going before the Senate Transportation Committee on the 29th and urged that a telegram be sent to said committee from the Council Re- questing their support on this Bill. MOTION: Councilman Keiser moved that we authorize the City Administrator to send a telegram to members of the Senate Transportation Committee requesting their support -of AB 2454. Councilman Bickford seconded. Passed unanimously. C. Councilman Keiser again brought up the matter relative to cleaning up the area around Morro Rock Park. Lengthy discussion held among members of the Council.and Staff. Mr. White suggested that the use of this Park be continued until such time as it will prove not to be an inconvenience.to the traveling public. No action taken at this time. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 27, 1967 Page Eight D-3 City Administrator a. The Financial Report for the period June 1 thru June 15, 1967, was considered.by the Council. MOTION: Councilman Bickford moved for the adoption of the expenditure report for the period June 1 thru June 15, 1967. Councilmah'Bowen seconded. Unanimously passed. b. Mr. White requested authorization from the Council to transfer $40,500 from the unbudgeted reserve for appraisal fees and street construction.expenditures. MOTION: Councilman Bickford moved•for approval of Transfer Voucher No. 6-7-53. Councilman Keiser seconded. Passed unanimously.' CORRESPONDENCE: 1. Letter & Certificate from Vice President Hubert H. Humphrey re: the City's participation in the 1967 Youth Opportunity Campaign. Mr. White briefly reviewed the City's participation in the Neighborhood Youth Corps Program for the benefit of the Council and those present. 2. A letter from the Governor's Office re: 1966 Young American Medals for Bravery and Service. 3. Letter dated June 13 from Supervisor E. L. Kidwell transmitting a copy of a resolution adopted by the Board of Supervisors en- dorsing the proposed extended service of the Pacific Telephone & Telegraph Company. 4. Copy of a letter from B. D. Conrad re: Mayors' Meeting held May 24. 5. Copy of a letter from the Morro Coast Audubon Society to Chief Holeman re: appreciation for the Police Department's assistance with regard to the nesting of a Peregrine Falcon on Morro. Rock. 6. Copy of a letter from Dan B. Stack to the Planning Commission re: height limitation in the area bounded by Piney Way, Olive, Main and South Streets. 7. Copy of a Legislative Bulletin dated June 16, 1967. 8. Letter and recommendations from The Firemen's Fund Insurance Companies re: condition of sidewalks. 9. Copy of the minutes of the Harbors & Watercraft Meeting held May 22, 1967. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 27, 1967 Page Nine 10. Agenda of the Fish & Game Commission meeting to be held June 30, 1967. ll.. Copy of the minutes of .the Fish & Game Commission meeting held April 28, 1967. 12. Notice & Invitation to attend the 53rd Annual Conference of the International City Manager's Association in New Orleans,. Louisiana on October 8 - 12, 1967. MOTION: Councilman Bowen moved that the correspondence be filed.. .Councilman.Bickford seconded. Passed unanimously. ADJOURNMENT MOTION: Councilman Keiser moved for adjournment. Councilman'Bowen seconded. Unanimously passed. Meeting adjourned at 10:30 P.M. RECORDED BY: ­C. TED WHITE,City Clerk 9 • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold a public hearing on Tuesday, June 13, 1967, at 7:30 P.M. in the Morro Bay Recreation Hall, Shasta and Dunes Streets, Morro Bay, California, to consider the adoption of building lines in Tract 357, Atascadero Beach area, City of Morro Bay, California. May 29, 1967 (1. �A `�jz C. TED WHITE, City Clerk City of Morro Bay, Calif. CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING June 13, 1967 7:30 P. M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of May 23, 1967 2. Adjourned executive meeting of May 23, 1967 HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on the establishment of building lines in Tract 357 A-2 Report of Planning Commission action on City Council recommendations re: Proposed Sign Ordinance A-3 Report and minutes of the Mayors' meeting held May 27, 1967 UNFINISHED BUSINESS B-1 Ordinance No. 61, Amending Temporary Zoning Map re: Toro Point (Second reading) B-2 Resolution authorizing recordation of easement for street purposes, Atascadero Road and Embarcadero B-3 Resolution approving agreement for planning services NEW BUSINESS C-1 Ordinance No. 62, Planning Commission Ordinance (First reading) C-2 Request of Virg Moore for Use Permit for water area to install float- ing bait tanks C-3 Request of R. Ruse for lease of additional water area adjacent to existing Lease Sites 122W and 123W C-4 Request of P. Peterson for•approval of sublease of Lease Sites 74 and 74W C-5 Resolution giving notice of completion for painting -of water storage tanks C-6 Resolution giving notice of'completion for construction of maintenance yard warehouse C-7 Appointment of one member to Park and Recreation Commission C-8. Appointment of one member to Planning Commission C-9 Resolution re: policy establishing travel expenses INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City.Council D-2 City Attorney D-3 City Administrator a. Financial Report b. Transfers C. Treasurer's Report CALENDAR 1. City Council Meetings: June 27 and July 11, 1967 2. Planning Commission Meetings: June 20 and July 6, 1967 (Tentative) MINUTES - MORRO BAY CITY COUNCIL Regular Meeting June 13, 1967 7:30 P. M. Morro Bay Recreation Hall Morro Bay, California The meeting was called to order at 7:32 p.m. with the Pledge of Allegiance. Mayor Surfluh gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None MINUTES Minutes of the regular meeting of May 23, 1967 and the adjourned executive session of May 23, 1967, were considered by the Council. Mayor Surfluh asked if there were any corrections to be made to said minutes. Councilman Bickford stated that the minutes of the regular meeting held on May 23, 1967, on Page 5, Item D-2-a, City Attorney, were incorrect. The second paragraph relating to the Tony Medeiros matter is incorrect,in that it was not discussed. He and Councilman Mallery met as a committee with Chief Holeman to discuss procedures, complaints, policies, etc., of the Police Department. Discussion held among members of the Council. Mr. White suggested that after the first sentence in the second paragraph, the following sentence be added: "No action to be taken on this matter at this time"; and that in the second sentence after the words "will act as a committee" that the.following words be inserted, "to discuss, matters relating to the Police Department.with Chief Holeman". MOTION: Councilman Bowen moved that the.correction be made to said minutes and that the minutes be adopted as corrected. Councilman Bickford seconded. Passed unanimously. Mayor Surfluh asked if there were any corrections to be made to the minutes of the adjourned•executive session of May 23, 1967. MOTION: Councilman Bickford moved that the minutes of the adjourned executive session of May 23, 1967, be approved as written. 'Councilman Keiser seconded. Passed unanimously. HEARINGS, APPEARANCES & REPORTS A-1 Hearing on the establishment of building lines in Tract 357 Mayor Surfluh declared the public hearing open at 7:39 P.M. A map of MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 13, 1967 Page Two - the area in question was displayed and reviewed for the benefit of the Council and those present. Mayor Surfluh asked if anyone had any comments to make either in.favor'of-or in opposition to the establishment of building lines in this tract. .There being. none, Mayor Surfluh declared the public hearing closed at 7:42 P.M. RESOLUTION -NO. 60.-67. RESOLUTION ESTABLISHING BUILDING LINES IN TRACT 357, CITY OF MORRO BAY Resolution No. 60-67 was read in its entirety. MOTION: Councilman Bickford moved for the'adoption of Resolution No. 60-67. Councilman Bowen seconded. Roll call vote: passed unanimously. A=2 Report of Planning -Commission action on City Council recommendations re: .Proposed Sign Ordinance Mr. White reviewed the actions previously taken by the City Council and Planning Commission on this matter. . Item No. 1 of the Report of the Planning Commission relating to amorti- zation of signs was reviewed by Mr. White. Discussion held. MOTION: Councilman Keiser moved that we accept Item No. 1 as the Council had previously accepted it, in toto; that the signs would remain, that there would be no amortization. Councilman Mallery seconded. Lengthy discussion held among members of the Council, Mr.'Ned Rogoway and City Staff. Mr. White reviewed the original recommendation of the City Council which was sent to the Planning Commission on May 16, 1967. Further discussion held. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser and Mallery NOES: Mayor Surfluh Item No. 2 of the Report of the Planning Commission relating to allowable size of signs was considered next by the City Council. Mr. White read the original recommendations of the City Council to the Planning Commission and the recommendations of the Planning Commission back to the City Council. Discussion held among members of the Council and Staff regarding Item No. 2. Mayor Surfluh entertained a motion to either approve or disapprove the Planning Commission's recommendations. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 13, 1967 Page Three MOTION: Councilman Mallery moved that the City Council's original recommendation of May 16 be adhered to in Item No. 2. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bowen and Mallery NOES: Councilmen Bickford, Keiser and Mayor Surfluh Motion defeated. MOTION: Councilman Bickford moved that the original formula as set down in the proposed Ordinance for footage of signs be adhered to. Council= man Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Keiser and Mayor Surfluh NOES: Councilmen Bowen and Mallery Item No. 3 of the Report of,the Planning Commission relating to rotate g signs was then considered by the'City Council. The recommendations of the City Council and Planning Commission were read in their entirety by Mr. White for the benefit of the Council ' and those present. Discussion held among members of,the Council and Staff. MOTION: Councilman Mallery moved that Item No. 3 be adopted, and add to that the last sentence as the Planning Commission recommended, "to limit the radius of the rotation to'five (5) feet". Councilman Bowen seconded. Roll call vote: - passed unanimously. Item No. 4'of the Report of the Planning Commission was the next item to be considered by the City Council. Mr. White read the recommendations of the City Council and the . Planning Commission in their entirety. The Planning,Commission con- curred with the Council's recommendations relating to Sections 5310.2, 5310.3 and 5310.4. Section 5310.5 relating to length of signs under. marquees to be changed in accordance with recommendations acceptable to both the Council and Planning Commission. Item No. 5 of the Report of the Planning Commission relating to allowable size of double-faced signs was then considered by the City Council. The recommendations of the Council and Planning Commission were reviewed in their entirety. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 13, 1967 Page Four MOTION: Councilman Mallery moved for the adoption of Item No. 5. Councilman Bickford seconded. Roll call vote: passed unanimously. Mr. White stated that in order to expedite this matter, Ordinance No. 58 may be read by title only at this time, which reading would constitute the first reading. The necessary amendments would then be made to said Ordinance and the second and final reading held on June 27, 1967. MOTION: Councilman Mallery moved that Ordinance No. 58 be read by title only. Councilman Bowen seconded. Roll call vote: passed unanimously. Mr. White read Ordinance No. 58 by title only. MOTION: Councilman Bickford moved that this constitute the first reading of Ordinance No. 58. Council- man Keiser seconded. Roll call vote: passed unanimously. Second reading to be held June 27, 1967. A-3 Report and Minutes of the Mayor's meeting held May 27, 1967 Mayor Surfluh stated that on May 27 the Mayors of•San Luis Obispo County met to discuss the matter of sales tax, and that a course of action was discussed fully. Mr. White reviewed the minutes of the meeting and read the final action taken by the Mayors of this County for the benefit of the Council and those present. Discussion held. MOTION: Councilman Bowen moved that we approve the decision of the Mayors of.the six cities. Councilman Mallery seconded. .Passed unanimously. A-4 Councilman Mallery..gave a.brief report to the.Council Added) regarding the progress being made on the legislation to support out-of-state shipment of California Abalone. No action required. UNFINISHED BUSINESS ' B-1 ORDINANCE NO..61. AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY (Second Reading) Mr. White stated it would be`in order to read this ordinance by title MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 13, 1967 Page Five only as it was the second reading. MOTION: Councilman Mallery moved that,Ordinance No.' 61 be read by title only. Councilman Bowen seconded. Roll call vote: passed unanimously. Mr. White read Ordinance No.. 61 by title only. MOTION: Councilman Bowen moved that Ordinance No. 61 be adopted. Councilman Bickford seconded. Roll call vote:- passed unanimously. B-2 RESOLUTION NO. 61=67. RESOLUTION AUTHORIZING RECORDING OF. AGREEMENT AND,GRANT OF EASEMENT FOR RIGHT-OF-WAY ON ATASCADERO ROAD Mr. White read Resolution No. 61-67 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 61-67. Councilman Bickford seconded. Roll call vote: passed unanimously. B-3 RESOLUTION NO. 62-67. RESOLUTION APPROVING AGREEMENT BY AND BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF MORRO BAY FOR PLANNING SERVICES Mr. White summarized the Agreement between the City of Morro Bay and the County of San Luis Obispo for Planning Services for the benefit of the Council and those present. Resolution No. 62-67 was then readiin its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 62-67. Councilman Bickford seconded. Roll call vote: passed unanimously. NEW BUSINESS C-1 ORDINANCE NO. 62. AN ORDINANCE CREATING CHAPTER IV TO TITLE V OF THE MORRO BAY MUNICIPAL CODE ENTITLED "PLANNING COMMISSION" AND RESCINDING SECTION 2601 AND SECTION 2602 OF CHAPTER VI, TITLE II OF THE MORRO BAY MUNICIPAL CODE (first reading) Mr. White reviewed the need for this ordinance. He then read Ordinance No. 62 in its entirety. Councilman Mallery stated he would like to substitute for Section 5304: Appointments, Vacancies and Term of Office, the following: "Section 5304. Appointments, Vacancies and Term of Office. Immediately upon the election of a member of the City Council, he shall appoint a member of the 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting -' June 13, 1967 Page Six ' Planning Commission. The term of office for an appointed member of the Planning Commission shall be the term of the appointing member of the City Council. If, at any time during the term of a member of the City Council, a member of the Planning Commission shall resign or cease to act in that capacity, the.City Council member who.appointed that member of the Planning Commission shall immediately appoint a.successor to serve the un- fulfilled term". Lengthy discussion ensued among members of the Council and Staff' relative to the recommendations regarding Section 5304 as proposed by Councilman Mallery. Mr. White reviewed the Planning Act of 1965 for the benefit of the Council and those present. .Further dis- cussion held. MOTION: Councilman Mallery moved that we substitute for Section 5304 and Section 5305 the afore- said recommendation. Councilman Bickford seconded. Roll call vote: AYES: Councilman Mallery NOES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh Councilman Mallery also recommended the deletion of paragraphs 'c' and 'f' in Section 5307. Lengthy discussion held.among members of the Council and Staff relative to Councilman Mallery's recommendation. No action taken. MOTION: Councilman'Bowen moved that this constitute the first reading of Ordinance No. 62. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser and Mayor Surfluh NOES: Councilman Mallery Second reading -to be held June 27, 1967. C-1-a At this time, Councilman Keiser requested a report from Added) _Councilmen Bickford and Mallery on their discussion with Chief Holeman relative to Police Department matters. Mayor Surfluh asked the remaining members of the Council if it was their wish to deviate from the Agenda, to which the Council stated it was. Councilmen Bickford and Mallery reviewed their discussion with Chief Holeman regarding the questions raised by Councilman Mallery relative to the procedures and policies .of the Police Department for -the bene- fit of the Council and those -present. Lenghty discussion held among members of the Council and City Staff regarding this.matter._ MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 13, 1967 Page Seven Various members of the audience spoke on behalf of the Police Department, after which further.discussion was held. Councilmen Bickford and Mallery to continue as a committee of the Council to review matters relating to the Police Department.,. No action taken at this time. RECESS: 9:40 P.M. RECONVENED: 9:49 P.M. C-2 Request of Virg Moores for Use Permit for water area to,install floating'bait tanks Mr. White reviewed the request of Mr. Moores to install floating bait tanks in the vicinity of Target Rock. Mr. White further stated this would be on a use permit basis subject to the final determination of the Harbor Element of .the City's General Plan. Discussion held among members of 'the Council and Staff regarding Mr. Moores' request, after which Mr. White requested some direction by the Council regarding this request. MOTION: Councilman Bowen moved that the City Staff be allowed.to.transmit the approval.of this water- front use by the Council to the Corps of Engineers for their approval. Councilman Mallery seconded. Unanimously passed. C-3 Request'of R. Ruse for lease of additional water area adjacent to existing Lease Sites 122W and 123W Drawings of the additional water area requested by Mr. Ruse were pre- sented to the Council for their consideration. Mr. White reviewed the request of Mr. Ruse, and reviewed the Rental Study for this property for the benefit of the Council and those present.- Dis- cussion held. MOTION: Councilman Bowen moved for the approval of the waterfront lease sites referred to here and that they be referred to the Corps of Engineers for their approval. Councilman Keiser seconded. Passed unanimously. C-4 Request of P. Peterson for approval of sublease of Lease Sites 74 & 74W Mr. White reviewed the Rental Study for the above mentioned Lease Sites. Mr. Phelan, City Attorney, reviewed the lease which is now in effect, noting that the present lease expires on July 31,'1967. He recommended to the Council that Mr. Peterson be informed that if he intends to re -sublease his leasehold after July 31, that he again MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 13, 1967 Page Eight come back to the Council for approval of his proposed sublease after July 31, and that no action be taken at this time due to the short term of the proposed sublease. MOTION: Councilman Bickford moved that the Staff notify Mr. Peterson that, due to the eminent expiration date of this sublease, no action will be taken on this particular lease, but if.he intends to re -sublease, that permission be obtained from the City. Councilman Bowen seconded. Passed unanimously. C-5 RESOLUTION NO. 63-67. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR REPAINTING THE EXTERIORS OF WATER STORAGE TANKS Mr. White read Resolution No. 63-67 in its entirety. MOTION: Councilman Bowen moved for the adoption of Resolution No. 63-67. Councilman Bickford seconded. Roll -call vote: passed unanimously. C-6 RESOLUTION NO. 64-67. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION'FOR CONSTRUCTION OF MAINTENANCE YARD WAREHOUSE Resolution No. 64-67 was read in its ehtirety. MOTION: Councilman Keiser moved for the adoption of Resolution No. 64-67. Councilman Bowen seconded. Roll call vote: passed unanimously. C-7 Appointment of one member to the Park and Recreation Commission. Mr. White read a letter received from the Park and'Recreation Commission requesting that one member be appointed to fill the vacancy created by the resignation of Sid Bennett. Councilman Keiser nominated Mr. George Keenan to the. Park and Recre- ation Commission, and stated that Mr. Keenan has indicated he would accept this appointment. Mayor Surfluh asked if there were any other names to be submitted. There being none, he declared the nominations closed. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June�13, 1467 Page Nine MOTION Councilman Bickford moved that Mr. Keenan be appointed to the Park and Recreation Commission. Councilman Bowen seconded. Passed unanimously. C-6 Appointment of one member to Planning Commission Mr. White read a letter from Wilfred Meacham submitting his resig- nation from the Planning Commission. Discussion held among.members of the Council and Staff regarding filling the vacancy created by Mr. Meacham's resignation. Dis- cussion was also held as to whether the Planning,Commission Ordinance, first read earlier in this meeting, could be passed as an urgency ordinance. It was determined that it could not be so passed. MOTION: Councilman Keiser nominated Mrs. Ruth Woll to fill the vacancy on the Planning Commission. Councilman Bowen seconded. Councilman Bickford stated this appointment would be with the under- standing that this is a temporary appointment, said term ending at the effective date of adoption of the new Planning Commission Ordin- ance. Motion passed unanimously. MOTION: Councilman Bowen moved that Staff prepare an appropriate letter of thanks to Mr. Meacham. Councilman Bickford seconded. Passed unanimously. C-9 RESOLUTION NO. 65-67. A RESOLUTION RESCINDING RESOLUTION NO. 36- 4, AND ESTABLISHING A POLICY FOR ATTENDANCE AT CONFERENCES, MEETINGS AND PUBLIC HEARINGS, AND SETTING FORTH AUTHORIZED EXPENSES AND ALLOWANCES FOR TRAVEL AND OTHER EXPENSES INCURRED ON OFFICIAL BUSINESS OF THE CITY OF MORRO BAY. Mr. White reviewed briefly the need for this resolution. Discussion held regarding the rate paid per mile in Section 6 and Section 11. MOTION: Councilman Keiser moved that in Section 6 under Travel, we change the rate of six cents (6C).to nine cents (90)'. Councilman Mallery seconded. Passed unanimously. MOTION: Councilman Mallery.moved that in Section 11, the rate be changed from ten cents (10G) to nine cents (9t). Councilman Keiser seconded. Roll call vote: . AYES: Councilmen Bickford, Keiser and Mallery NOES: Councilman,Bowen and Mayor Surfluh MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 13, 1967 Page Ten MOTION: Councilman Bickford moved that Resolution No. 65-67, as amended, be read by title only. Councilman Mallery seconded. Roll call vote: passed unanimously. Mr. White read Resolution No. 65-67 by title only. MOTION: Councilman Bickford moved for the adoption of Resolution No. 65-67., as amended. Councilman Mallery seconded. Roll call vote: passed unanimously. C-10 RESOLUTION NO..66-67. RESOLUTION ACCEPTING WORK AND Kdded) GIVING NOTICE OF COMPLETION FOR CONSTRUCTION OF ROAD IMPROVEMENTS IN THE CITY OF MORRO BAY ON ATASCADERO AND EMBARCADERO ROADS, SELECT SYSTEM PROJECT NO. 35 Mr. White read Resolution No. 66-.67 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 66-67. Councilman Bowen seconded. Roll call vote:" passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council. MOTION: Councilman Keiser moved that the City Staff be. directed to clean up the area in the vicinity of the trailer park at Morro Rock. Lengthy discussion held' regarding conditions that exist, the use of the park, its future use and what action could be taken to either continue its present use or to close it completely. Councilman Bickford seconded. Passed unanimously. D-2 City Attorney a. Mr. Phelan stated two letters have been received addressed to the City Council. One from Charles Ogle, Attorney, on behalf of Mrs. May Pipkin, with reference to the Thomas suit; the other from Mrs. Pipkin. Mr. Phelan read Mr. Ogle's letter in its entirety and recommended that it be referred to City Attorney for reply. MOTION: Councilman Bickford moved to authorize the City Attorney to answer Mr..Ogle's letter. Council- man Bowen seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - June 13, 1967 Page Eleven Mr. Phelan then read the letter from Mrs. Pipkin in its entirety and recommended that this be referred to City Attorney for.reply. MOTION: Councilman Keiser moved that this letter be referred to City Attorney for response. Councilman Bowen'seconded. Passed unanimously. b. Mr. Phelan informed the Council that as of the end of June, he would be leaving this area and would no longer be associated with the City as City Attorney. C. Mr. Phelan gave a report on the progress being made in the final settlement with the State regarding the legal description of the property. D-3 City Administrator a. The Financial Report for the period May 16, 1967 through May 31, 1967, was considered.by the Council. MOTION: Councilman Bickford moved for approval of the Financial Report for the period May 16, 1967 through May 31, 1967. Councilman Bowen seconded. Lengthy discussion held regarding the balance of the budget Motion passed.unanimously. b. Transfers - Mr-. White requested that this item be deferred to the next regular -meeting.: C. The Treasurer;'s.Report for the period July, 1966 through May 31, 1967, was submitted 'to the Council for.their consideration. d. Mr. White stated that the Budget Calendar had projected the final adoption of the budget.at tonight's meeting; however, he requested that this bd'deferred until the.ineeting of June 27, 1967. 0 CORRESPONDENCE: 1. Mr. White reminded the Council that they have been invited to be judges for the Dahlia Society Beauty Contest to be held June 25 at 1:00 p.m. at the Golden Tee and asked for confirmation on who would attend. It was the determination of the Council that they would all participate as judges. 2. Copy of the Minutes of the Morro Bay Chamber of Commerce meeting held June 5, 1967. MINUTES - MORRO Regular Meeting Page Twelve BAY CITY COUNCIL - June 13, 1967 3. Communication from Southern California Rapid Transit District re: Assembly Bill 2092, Transportation Development Act. 4. Letter of appreciation from Mrs. Mary Woolman re: rezoning of.' Toro Point. 5. Letter from Senator George Murphy acknowledging receipt of City of Morro Bay Resolution re: Highway Beautification Act. 6. Letter from Congressman Burt L. Talcott acknowledging receipt of City of Morro Bay Resolution're: Highway Beautification Act. 7. Letter of resignation from Joyce Johnson, which Mr. White read in its entirety. 8. Copy of a letter to Mr. Joe Giannini from Mrs. Mary Woolman re: attendance of the Taxpayer's Association at the Budget Conferences. 9. Copy of Legislative Bulletin dated May 29,.1967. 10. Copy of the Minutes of the San Luis Obispo County Water Resources Advisory Committee meeting held March 7, 1967. 11. Notice from Department of Fish & Game re: joint meeting with the U. S. Coast Guard to discuss foreign fishing fleets. 12. Letter dated May 29, 1967 from the San Luis Obispo County Develop- ment Association, Inc. re: progress report. 13. Copy of Legislative'Bulletin dated June 2, 1967. 14. A report was given by the City Administrator on the meeting held June 13, 1967 with Administrators and Planners regarding the need for a Regional Planning Group within the County to consist of representatives of City Councils and the Board of Supervisors. This. Planning Group to,coordinate individual planning efforts where Federal Grant applications are to be made. This is a requirement of the Federal Government'prior to approval of any ,Federal Grants, for any public works or planning projects. Recommendations to be made to the respective City Councils and Board of Supervisors_by individual Administrators and Planners for the formation of this Group. MOTION: Councilman Bowen moved that the correspondence be filed. Councilman Keiser seconded. Passed unanimously. ADJOURNMENT: MOTION: Councilman Mallery moved that the meeting be adjourned. Councilman Bickford seconded. Passed unanimously. Meeting adjourned at 11:19 P.M. RECORDED BY: C. TED WHITE, City Clerk MINUTES - MORRO BAY CITY COUNCIL Adjourned Executive Session May 23, 1967 Morro Bay Recreation Hall Mayor Surfluh called the adjourned executive session to order at 9:34 p.m. for the purpose of discussing the Thomas litigation. He asked the City Attorney to review for the benefit of the Council the status of said litigation. City Attorney informed the Council of certain facts relating to the investigations and reports being made. Discussion was held regarding the law suit. MOTION: Councilman Mallery moved that this executive session move to open meeting. Councilman Bowen seconded. Passed unanimously. MOTION: Councilman Bickford moved that this meeting be adjourned.. Seconded by Councilman Keiser. Passed unanimously. Meeting adjourned at 10:02 p.m. RECORDED BY: C. TED WHITE City Clerk 6 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Morro Bay will conduct a public hearing on the adoption of the Preliminary Budget for fiscal year 1967-68 on Tuesday, May 23, 1967, at 7:30 P.M. in the Morro Bay Recreation Hall, Dunes and Shasta Streets, Morro Bay, California. DATED: May 16, 1967 J. S. SURFLUH, Mayor City of Morro Bay By: JbK� C. TED WHITE, City Clerk City of Morro Bay CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 23, 1967 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES: 1. Regular Meeting of May 9, 1967 2. Adjourned Regular Meeting of May 15, 1967 HEARINGS, APPEARANCES & REPORTS: A-1 Hearing on request of M. Woolman for rezoning of,Toro Point. A-2 Presentation of Preliminary Budget for 1967-68 fiscal year. UNFINISHED BUSINESS: B-1 Improvement District No. 3 proceedings. B-2 Request authorization to remove barricades at Beachcomber Avenue and Hatteras Street. NEW BUSINESS: C-1 Proposal to form Improvement District No. 4, Atascadero Road to Zanzibar Street. C-2 Resolution approving lease renewal to U. S. Coast Guard for dock and storage facilities. C-3 Resolution approving lease agreement for water well site from PG & E. INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report CORRESPONDENCE: ADJOURNMENT: Calendar 1. City Council Meeting.: June 13 and 27, 1967 2. Planning Commission Meeting: June 6 and 20, 1967 MINUTES-'MORRO BAY CITY,COUNCIL Regular Meeting May 23, 1967 7:30'P.M. Morro Bay Recreation Hall Meeting was called'to order at 7:36-P.M. with the Pledge of Allegi- ance. Mayor Surfluh gave the invocation. ROLL CALL PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None MINUTES Minutes of.the regular meeting of May 9 and adjourned regular'meeting of May 15, 1967, were considered by the Council. Mayor Surfluh asked if there were any corrections to be made to said minutes. Councilman Mallery stated that in.the minutes of May 15 on Page 2 in the roll call vote on the motion made by Councilman Keiser regarding the Chamber of Commerce, the minutes should be corrected to reflect that he did not cast a "no" vote. It was determined, after discussion, that Councilman Bowen had cast the dissenting vote. Mayor Surfluh entertained a motion to dispense with the reading of the minutes and approve them as corrected. MOTION: Councilman Bowen moved to dispense with the reading of the minutes and to approve them as corrected. Councilman Keiser seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS A-1 Hearing on request of M. Woolman for rezoning of Toro Point Mr. White reviewed Mrs. Mary Woolman's request to rezone her property from R-1 and U to allow commercial uses, and reviewed for the Council the uses allowed in'R-3 and R-4 zones. Mayor Surfluh declared the public hearing open at 7:45 p.m. and asked if there were any members of the audience who wished to speak in favor of or in opposition to the requested rezoning. Comments were heard from Rev. William J. Houston who spoke in favor of the rezoning on behalf of Mrs. Woolman. Mayor Surfluh asked if there were any comments to be heard in opposi- tion to the rezoning. There being none, Mayor Surfluh declared the public hearing closed at 8:50 p.m. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 23, 1967 Page Two Discussion held. ORDINANCE NO. 61. AN ORDINANCE AMENDING.THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY Mr. White read Ordinance No. 61 in its entirety. MOTION: Councilman Keiser moved to accept this as the first reading of Ordinance No. 61. Councilman Mallery seconded. Roll call vote: unanimously passed. Second reading to be June 13, 1967. A-2 Presentation of Preliminary Budget for 1967-68 Fiscal Year The preliminary budget was projected on the'screen and reviewed in detail for the benefit of -the -Council and those present. No Council action required at this time, and no comments were made from the audience when asked for by the Mayor. UNFINISHED BUSINESS B-1 Improvement District No. 3 proceedings Mr. White asked Sam.Taylor, City Engineer, to inform the Council as to the progress being made on this matter. Mr. Taylor gave a brief report to the Council on the progress being made in the formation of this district. B-2 Request authorization to remove barricades at Beachcomber Avenue and Hatteras Street Mr. White stated a request has been received from the Post Office asking that the barricades located at Beachcomber Avenue and Hatteras Street be removed. Discussion held among members of the staff and Council. RESOLUTION NO.-56-67. RESOLUTION RESCINDING RESOLUTIONS NO. 72-65, 73-65 and 119-65, RELATING TO THE USE OF CERTAIN STREETS TO VEHICULAR TRAFFIC, ATASCADERO BEACH SUBDIVISION. Mr. White read Resolution No. 56-67 in.its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 56-67. Councilman Bowen seconded. Roll call vote: passed unanimously. MINUTES - MORRO Regular Meeting Page Three NEW BUSINESS BAY CITY COUNCIL May 23, 1967 C-1 Proposal to form Improvement District No. 4, Atascadero Road to Zanzibar Street A map delineating the area proposed for Improvement District No. 4 was displayed and reviewed by Mr. Spellacy, Director of Public Works, and Sam Taylor, City Engineer, for the benefit of the Council and those present. The procedures required to form such an improvement district were explained to the Council. Discussion held among members of the Council and staff. MOTION: Councilman Bickford moved that the staff proceed to investigate ways and means to implement this improvement district, including dissemination of information for the residents and property owners in the area so they may understand the issue. Councilman Keiser asked if Councilman Bickford's motion included the installation of sewers where required. Councilman Bickford stated . it did. Councilman Keiser seconded. Passed unanimously. C-2 RESOLUTION NO. 57-67. RESOLUTION APPROVING LEASE RENEWAL BETWEEN THE CITY OF MORRO BAY AND THE TREASURY DEPARTMENT, UNITED STATES COAST.GUARD Mr. White reviewed the facilities the U. S, Coast Guard is currently leasing from the City. Resolution No. 57-67 was read in its entirety by Mr. White. MOTION: Councilman Bickford moved for the adoption of Resolution No. 57-67: Councilman Keiser seconded. Roll call vote: passed unanimously. C-3 RESOLUTION NO. 58-67. RESOLUTION APPROVING LEASE AGREE- MENT BY AND BETWEEN THE PACIFIC GAS & ELECTRIC COMPANY AND THE CITY OF MORRO BAY Mr. White reviewed the request for this lease agreement for the benefit of the Council and those present, stating that the City Attorney had recommended the omission of Paragraph 3 regarding water rights. Discussion held in depth among members of the Council and staff. MINUTES - MORRO BAY Regular Meeting Page Four CITY COUNCIL May 23, 1967 Resolution No. 58-67 was•read in its entirety. MOTION: Councilman Bowen moved for the adoption of Resolution No. 58-67. -Councilman Bickford seconded. Roll call vote: passed unanimously. C-4 (added) Mr. White stated a request has been received from the Planning Commission asking that a hearing date be set on amendment to the Zoning Ordinance regarding building lines in Tract 357. RESOLUTION NO. 59-67. RESOLUTION SETTING DATE FOR HEARING ON AMENDMENT TO THE ZONING ORDINANCE REGARDING BUILDING LINES IN.TRACT 357 Mr. White read Resolution No. 59-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 59-67. Councilman Bowen seconded. Roll call vote: passed unanimously. Hearing date set for June 13, 1967. C-5 .(added) Mr. White stated a request has been received from the. ParTs and Recreation Commission asking the Council to.approve.the installation of a visitor's information booth in the City. Park by the Chamber of Commerce on a temporary use permit basis. He further stated it is the staff's recommendation that this request be approved. MOTION: Councilman Bowen moved that this request be approved. Councilman Keiser seconded. Passed unanimously. C-6 (added) Mr. White informed the Council that the Chairman of the Parks and Recreation Commission, Rev. Sid Bennett, is being trans- ferred and that a new Chairman, Jim Froggatt, has been appointed. The Commission has requested the Council to consider the appointment of another member to fill the vacancy at an early date. Discussion held among members of the Council and staff. No action taken at this time. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council a. Councilman Mallery gave a brief report on his trip to Sacramento on May 16 regarding the Sea Otter and Abalone matters.. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May, 23', 1967, Page Five b. Councilman Keiser asked for a progress report on the General Plan. Mr. White informed her that the General Plan should be presented to the Planning Commission within the next 30 days. D-2 City Attorney a. Mr. Kardel questioned how 'the Tony Medeiros matter,.which was discussed at the adjourned meeting of May.15, was to be handled. Discussion held among members of the City Council and the City Attorney relative to this matter. -No action to be taken on this matter at this time. It was the general consensus of the Council that Councilmen Bickford and Mallery will act as a committee to discuss matters relating to the Police Department with Chief Holeman. Said committee to report back to the Council by June 13, 1967. • b. Mr. Kardel brought the Council up to date on the progress being made in the final settlement of the Agreement with the State. No Council action required. C. Mr. Kardel requested that an executivesession be held at the conclusion of tonight.'s regular meeting to discuss litigation. D-3 City Administrator a. The Financial Report for the period May 1 through May 15, 1967, was considered by the Council. MOTION: Councilman Bowen moved that the Financial Report for the period May 1 through May 15, 1967, be approved. Councilman Bickford seconded. Roll call vote: passed unanimously. CORRESPONDENCE: 1. Letter of appreciation from C. Leon Bryson re: maintenance of streets in the Morro Del Mar area. 2. Copy of the Agenda for the Fish & Game Commission meeting to be held May 26, 1967 in Sacramento. 3. Letter from Assemblyman William M. Ketchum acknowledging receipt of City of Morro Bay Resolution No. 42-67 re: out-of-state shipment of California Abalone. 4. Copy of Legislative Bulletin dated May 13, 1967. 5. Copy of Legislative Bulletin dated May 19, 1967 6. Copy of document from Robert J. Myers re: use of UHF TV.channels. As corrected by M.O., June 13, 1967 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 23, 1967 Page Five b. Councilman Keiser asked for a progress report on the General Plan. Mr. White informed her that the General Plan should be presented to the Planning Commission within the next 30 days. D-2 City.Attorney a. Mr. Karde1 question d how the Ton Medeiros m tter, which was discussed t the adjourne meeting of Ma 15, was to be handled. Discu sion held mong members o the City Coun '1 and the ity Attorn y relative to this matter. It was the g and conce us of the Cou cil that C uncilmen Bickfo d and Mallery ill act as committe in invests ating this'mat r. Said.commi tee to rep t back to t e Council b June 13, 1967. b. Mr. Kardel br ght the Council up to date on the progress being made in the final settlement of the Agreement with.the.State. No Council.action required. C. Mr. Kardel requested that an executive session be held at the conclusion of tonight's regular meeting to discuss litigation. D-3 City Administrator a. Financial Report for the period May 1 through May 15., 1967 was considered by the Council. MOTION: Councilman Bowen moved that the Financial Report for the period May 1 through May 15, 1967, be approved. Councilman Bickford seconded. Roll call vote: passed unanimously. CORRESPONDENCE 1. Letter of appreciation from C. Leon Bryson re: maintenance of streets in the Morro Del Mar area. 2.' Copy of the Agenda for the Fish & Game Commission meeting to be held May 26, 1967 in Sacramento. 3. Letter from Assemblyman William M. Ketchum acknowledging receipt of City of Morro Bay Resolution No. 42-67 re: out-of-state shipment of California Abalone. 4. Copy of Legislative Bulletin dated May 13, 1967. 5. Copy of Legislative Bulletin dated May'19, 1967. 6. Copy of document from Robert J. Myers rei use of UHF TV channels. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 23, 1967 Page Six 7. Copy of letter and proclamation from the Morro Bay Yacht Club re: Community Sailing Day. Said proclamation was read in its entirety by Mr. White. MOTION: Councilman Keiser moved that a letter be written to the Yacht Club in response to their proclamation. Councilman Bowen seconded. Passed unanimously. 8. Mr. White notified the.Council that Thrifty Drug will have their ribbon -cutting ceremony on Wednesday, May 31, 1967, at 9:.00 a.m. MOTION: Councilman Bowen moved that the correspondence be filed. Councilman Mallery seconded. Passed unanimously. ADJOURNMENT MOTION: Councilman Keiser moved that the meeting be ad- journed to executive session to discuss litigation. Councilman Bickford seconded. Passed unanimously. Meeting adjourned to executive session at 9:31 p.m. RECORDED BY: C. TED WHITE, City Clerk I MINUTES - MORRO.BAY CITY COUNCIL Adjourned Regular Meeting May 15, 1967 7:30 P.M. Morro Bay Recreation Hall Meeting was called to order at 7:37 P.M. Mayor Surfluh stated this meeting is adjourned from the regular meeting of May 9, 1967, for the purpose of considering the adoption of the pre- liminary budget and other matters continued from that meeting. ROLL CALL: PRESENT: Councilmen Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: Councilman Bickford 1. Mr. White stated the only item in the budget -to be considered in its entirety is Budget Account 19, Community Promotion. Mr. Dan Cooper, representing the Morro Bay Chamber of Commerce, submitted a letter and budget request to the Council for their consideration. Mr. Cooper read said letter in its entirety. Councilman Bickford arrived at.7:'41 P.M. The budget request by the Chamber of Commerce was reviewed and dis- cussed in depth by members of the Council, staff and Mr. Cooper.. Discussion was held regarding the possibility of locating the Chamber office in the City Hall. Mayor Surfluh.recommended that this matter be directed to the City Administrator for staff recommendations. MOTION: Councilman Keiser moved to have the City Ad- ministrator report back to the Council on the feasibility,of, locating the Chamber office in the City Hall. Seconded by Councilman Bowen. Further discussion held. Passed unanimously. MOTION: Councilman Mallery moved to have the Chamber of Commerce revise this budget based on what we have discussed tonight, particularly with the thought in mind of staying out of the City with most of the advertising, with the exception of the advertising.for Rock-O-Rama. Motion died for lack of a second. Lengthy discussion held among members of the Council, staff and Chamber of Commerce. Mr. Cooper requested a recess so the members of the Chamber could revise their budget request. 1. RECESS: 9:27 P.M. RECONVENED: 9:40 P.M. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 15, 1967 Page Two Discussion was held regarding the revisions in the budget request by the Chamber. Mayor Surfluh indicated to Mr. Cooper that the City, after due consideration, feels it would riot be in the best interest of said City or Chamber to locate the Chamber's office in the City Hall. Further discussion held. MOTION: Councilman Keiser moved that the sum of $8,265.00 be approved as the budget for the Chamber of Commerce for the next fiscal year. Councilman Mallery seconded. Further discussion held among members of the Council, staff and Mr. Cooper. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: Councilman Ma#erp Bowen (corrected by M.O. 5/23/67) Further discussion held. 2. Mr. White stated the next item to be considered is -the adoption of the Preliminary Budget as tentatively approved by the Council.. Councilman Mallery questioned the request of the Street Department for the purchase of a tractor in the amount of $16,500. Discussion held in depth regarding this matter. No further action taken. Mr. White requested that the Council, at this time, consider the initial 'request by the individual - department heads, for additional personnel for the coming year. Lengthy discussion ensued among - members of the Council and staff. MOTION: Mayor Surfluh moved that no additional personnel be authorized for hiring in this proposed budget for the fiscal year 1967-68. Councilman Mallery seconded. Further discussion held Roll call voter passed unanimously. Mr. White stated it would be in order to approve the Preliminary Budget as presented. MOTION: Councilman Bowen moved that the Preliminary Budget be approved as presented. Councilman Keiser seconded. Roll call vote: AYES: Councilman Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 15, 1967 Page Three 3. Mr. White stated a request has been received relative to vacating certain easements and rights of way in Tract No. 357. Mr. Kardel reviewed the regulations for vacating easements for the, benefit of the Council and those present. He informed the Council that they could either pass a resolution vacating said easements, or they could have a public hearing before taking any action on this matter. Mr. White requested that the Council follow the procedures outlined in the Government Code relating to abandonment of easements, which would be by resolution. The easements and rights of way to be vacated are to be replaced by the easements and rights of way to be dedicated in the new tract. MOTION: Councilman Bickford moved that we adopt the course of action outlined by Mr. White in vacating the easements and rights of way. Councilman Bowen seconded. Passed unanimously. RESOLUTION NO. 55-67. ORDER VACATING CERTAIN.EASEMENTS IN TRACT 357, CITY OF MORRO BAY Mr. White read Resolution No. 55-67 in its entirety: MOTION Councilman Bickford moved for the adoption of Resolution No. 55-67. Councilman Keiser seconded. Roll ball vote: passed unanimously. 4. Mr. White stated the next item to be considered was the execu- tive session requested,by'Councilman Mallery at the meeting of May 9 which was deferred to this meeting. Mr. Kardel reviewed the course of action the Council could take relative to this executive session and suggested that.they adjourn to executive session. MOTION: Councilman Bickford moved to adjourn to executive session. Councilman Bowen seconded. Passed unanimously. Meeting adjourned to executive session at 10:58 P.M. Discussion held relative to the matter to be considered by the Council at the executive session. MOTION: Councilman Bickford moved to go into open session. Councilman Bowen seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting May 15, 1967 Page Four Mayor Surfluh declared the meeting to be in open session at 11:19 P.M. and asked the City Attorney to advise the audience regarding the discussion held in executive session. The City Attorney'stated that during the executive session, the City Council discussed matters which Councilman Mallery had brought to the attention of the Council regarding the Morro Bay Police Department. One of the subject matters involved a resident of this city by the name of Tony Medeiros who has threatened litigation with the city over police matters. If there is to be litigation, that the costs for the suit, including the attorneys, be furnished by some entity other than the City of Morro Bay. For this purpose, the City has two insurance policies. We have been advised by the insurance company that to'discuss this matter in public would not be in the best interest of the City and we have been requested by the insurance company that there be'no discussion whatsoever regarding the matter until the.company has made an investigation. I have advised the City Council that if they choose to discussthe matter publicly or privately, they could legally do so; however, if the City Council decides to discuss the matter in public or in pri- vate, the city is then running the risk that the insurance company will most assuredly decline to defend the action. Other matters were brought up by Councilman Mallery as items for personnel discussion under Government Code Section 54957. These matters could properly be discussed in private and not in public, but it is the concensus of all parties that if there is to be a discussion it should be in a full and open public meeting. On that basis, the executive session was closed and we are now back in open City Council meeting. The City Attorney recommended to Councilman Mallery that he confer with the Mayor regarding these other matters which are open for investigation and evaluation by the City Council. Councilman Mallery indicated that he would do so. MOTION: Councilman Bowen moved that the meeting be ad- journed. Councilman Bickford seconded. Passed unanimously. Meeting adjourned at 11:25 P.M. RECORDED BY: �z_0 r�i�cl C. TED WHITE, City Clerk 4 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 9, 1967 7:30 P.M: Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES: 1. Special Meeting of April 24, 1967 2. Regular Meeting of Apri-1 25,'1967 3. Special Meeting of April 28,. 1967 HEARINGS, -APPEARANCES'& REPORTS: A-1 Presentation of proposal for conducting a Ground Water Investigation, Geotechnical Consultants, Inc. . A-2 Appearance of Morro Bay Chamber of Commerce re: Budget request for 1967=68 A-3 Continuation of Public Hearing on Proposed Sign Ordinance UNFINISHED BUSINESS: B-1 Ordinance No. 60, Readopting the Interim Sign Ordinance for an additional 12 month period B-2 Resolution requesting amendment of Highway Beautification Act (deferred from April 25) NEW BUSINESS: C-1 Resolution adopting a salary program for 1967-68 C-2 Resolution granting variance to E.'D. Bush, Lot 8, Block 23, Ocean Heights No. 1 C-3 Resolution granting conditional use permit on Lot 7, Block 7, March & McAllister Addition INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report b. Treasurer's Report CORRESPONDENCE: ADJOURNMENT: CALENDAR 1. City Council Meetings: May 23 and June 13, 1967 2. Planning Commission Meetings: May 16 and June 6, 1967 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting May 9, 1967 7:30 P. M. Morro Bay Recreation Hall Meeting was called to order at 7:32 P.M. with the Pledge of Allegiance. Mayor Surfluh gave the invocation.. ROLL CALL: PRESENT: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh ABSENT: Councilman Bowen MINUTES: Minutes of the special meeting of April 24, regular meeting of April 25 and special meeting of April 28 were considered by the Council. Mayor surfluh asked if there were any corrections to be made to said minutes. MOTION: Councilman Bickford moved to dispense with the reading of the minutes and approve them as written. Councilman Keiser seconded. Motion passed . Councilman Bowen arrived at 7:35 P.M. HEARINGS. APPEARANCES & REPORTS: A-1 Presentation of proposal for conducting,a groundwater investigation, Geotechnical Consultants, Inc. Mr. White introduced Mr. Joe Gonzales of Geotechnical Consultants, Inc. to the Council. Mr. Gonzales made his presentation to the Council on behalf of Geo- technical Consultants, Inc. relative to conducting a groundwater investigation in the Morro Bay area. A map delineating Chorro Basin, Morro Basin and Toro Basin was displayed and reviewed for the benefit of the Council and those present. Lengthy discussion held among members of the Council, Staff and Mr. Gonzales. Mr. White requested approval of the Council regarding the inclusion of the amount of $6,000.00 in Budget Account 36, Water Department, so this study can be completed. He stated this one item was deferred from the last budget conference so the Council could have an oppor- tunity to hear Mr. Gonzales' presentation. Further discussion held. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting,- May 9, 1967 Page Two MOTION: Councilman Bickford moved that we include this $6,000.00 item in our budget for this study. Councilman Keiser seconded. Councilman Bickford stated it was not, .at this time, .to be defined as to who this money will be paid to for the groundwater study. Further discussion held, after which Councilman Bickford withdrew his original motion and Councilman Keiser withdrew her second. MOTION: Councilman Bickford moved to budget $6,OOO.as ' an item in the Water Department budget for re-" connaissance of all potential groundwater supplies in our area. Councilman Keiser seconded.. Passed unanimously. Mayor Surfluh thanked Mr. Gonzales for making his presentation.to the Council. A-2 Appearance of Morro Bay Chamber of Commerce re: Budget request for 1967-68 Mr. Dan Cooper, representing the Morro Bay Chamber of Commerce, requested that this matter be -deferred to the next budget meeting. Mr. White reviewed the Budget Calendar for the Council and requested that the figures from last year's budget be used for -the preliminary budget if it was the, wish of the Council to defer this matter to a later date. Discussion held. MOTION: Councilman Mallery moved to defer this matter to the next budget session on May 15, and that we consider this matter at that time. Also, for budgetary'purposes, last year's figures are'to be used. Councilman Keiser seconded., Further.discussion held. Motion passed unanimously. A-3 Continuation of Public Hearing on Proposed"Sign. Ordinance Mayor Surfluh stated this is`a continuation of the public hearing held at the last regular meeting and declared that said hearing is now open for anyone who wishes to discuss the proposed sign ordinance. Comments were heard from Mrs. Joe DesJardin in favor of the proposed sign ordinance, after which Mr. White read a letter received from Mr.: & Mrs. DesJardin pertaining to the proposed sign ordinance. Comments were heard from various members of the audience, both in favor of and in opposition to the proposed ordinance.' Mayor Surfluh asked if there were any other comments to be heard. There being none, he declared the public hearing closed. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 9,.1967 Page Three Mayor Surfluh asked'Mr. White,to review the Memorandum dated May 4, 1967, to the City Council relative to staff recommendations on changes in the proposed sign ordinance to be presented'to the Planning Commission. Item l(a) of the memorandum regarding Section 5319 (Amortization - Nonconforming Sigris) was read in its entirety by'Mr. White. Lengthy discussion held regarding this section. MOTION: Councilman Mallery moved that under Item 1,.. Subtitle (a),.that we substitute this for what the Chamber of Commerce has recommended and that is "That the amortization features of the proposed ordinance, Section 5319'(Amortization- Nonconforming Signs), be revised so that the only nonconforming signs or features of signs which would -have to be made to conform or be abated would.be: Temporary, sandwich board, moveable.free=standing and real estate signs. All other existing signs would then be allowed to remain and advertise a business provided there was no change in the type of business. Further discussion held. Councilman Bickford seconded. Passed unanimously. Item l(b) of the staff's recommendations pertaining to Section 5310 was read in its entirety by Mr. White. Discussion held among members of the Council and Staff relative to the changes as requested by the . Chamber of Commerce and the staff's recommendations for this section.. MOTION: Councilman Mallery moved to allow the same amount of sign area on both fronts, as per staff recommendations in Item 1(b). Councilman Bowen seconded. Further discussion held. Roll call vote: AYES: Councilmen Bowen, Mallery &,Mayor Surfluh NOES: Councilmen Bickford and Keiser Item 2 of the memorandum relative to Section 5303 (Prohibitions). was read in its entirety by Mr. White. Lengthy discussion held among members of the Council and staff regarding flashing or ani- mated, wind, moving or off -site signs. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 9, 1967 Page Four MOTION: Councilman Bowen moved that the Texas Company be allowed to have their sign revolve. Motion died for lack of a second. Further discussion held. MOTION: Councilman Bickford moved that we maintain Section 5303 as proposed in the original ordinance. Councilman Keiser seconded. Discussion held. Roll call vote: AYES: Councilman Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery MOTION: Mayor Surfluh moved that moving signs of the kind such as Union 76 ball, Shell rotating sign, and signs of that type be excluded from the Planning Commission's determination, and they would be allowed as revolving signs at a speed of not greater than 8 rpm. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bowen, Keiser, Mallery & Mayor Surfluh NOES: Councilman Bickford Item 2 re: Section 5303.4 (Flashing Signs). Mr. White.suggested to the Council that they recommend to the Planning Commission that they amend this to provide,for regulation of those signs that might be deemed a hazard to traffic safety. Discussion held. MOTION: Councilman Bickford moved that this part of the Section remain as the Planning Commission pro- posed, with the exception of rotating signs.' Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, -Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery Further discussion held relative to this section. Item 3 regarding Section 5310.2, Projecting Signs, was read in its en�rety by Mr. White. Discussion held among members of the Council and staff. MINUTES - MORRO BAY 'CITY COUNCIL Regular Meeting = May 9. 1967 Page Five MOTION: Councilman Keiser moved that this section be adopted as written. Councilman Bickford seconded. Passed unanimously. Item 4. Section 5310.3, Height Limitations. Mr. White read Item 4 in —its entirety for the benefit of the Council and those present. MOTION: Councilman Bowen moved for the adoption of this section as recommended by staff. Councilman Keiser seconded. Passed unanimously: Item 5, Section 5310.4, Height of Roof Signs', was read in its enTty by Mr. White. Discussion held. MOTION: Councilman Bowen moved for the adoption of this section as recommended by staff. Councilman Bickford seconded. Further discussion held. Motion passed unanimously. Item 6, Section 5310.4, Roof'Signs. Lengthy discussion held.among members of the Council and staff relative to the suggested changes as recommended by the Chamber of Commerce and the recommendations of the staff. MOTION: Councilman Bowen moved to adopt this section as recommended by staff. Councilman Bickford seconded. Mr. White read the recommendations as proposed by the Planning' Commission in -its entirety for the benefit of the'Council and those present. Further discussion held. Motion passed unanimously. Item 7, Section 5316.5, Marquee Signs. Mr. White read Section 5310.5 as proposed in the Sign Ordinance in its entirety.. Discussion held. MOTION: Councilman Mallery moved that Section 5310.5, as suggested by the Chamber of Commerce, be adopted. Councilman Bickford seconded. Passed unanimously. MOTION: Councilman Bickford moved that we refer this ordinance back to the Planning Commission with the suggested changes considered here tonight.. Councilman Mallery seconded: Passed unanimously. �.J MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 9,-1967 Page Six RECESS: 10:05 P.M. UNFINISHED BUSINESS: RECONVENED: 10:20 P.M. B=1 ORDINANCE NO. 60. 'AN.INTERIM ORDINANCE READOPTING ORDINANCE NO. 2 REGULATING THE INSTALLATION, ERECTION OR CONSTRUCTION OF SIGNS WITHIN THE CITY OF MORRO BAY Mr. White stated that since the Interim Sign Ordinance has expired, this matter will be treated as an urgency ordinance. He then read Ordinance No. 60 in its entirety. MOTION: Councilman Keiser moved for the adoption of Ordinance No. 60. Councilman Bickford seconded. Roll call vote; passed unanimously. B=2 RESOLUTION NO. 51-67. RESOLUTION REQUESTING AMENDMENT TO THE HIGHWAY BEAUTIFICATION ACT OF 1965 (PUBLIC LAW 89-285) Mr. White stated this resolution was deferred from the meeting of April 25 so that more information could be made available to the Council. MOTION: Councilman Mallery moved that Resolution No. 51-67 be read by title only. Councilman Bickford seconded. Roll call vote: passed unanimously. Mr. White read Resolution No. 51-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 51-67. Councilman Bowen seconded. Roll call vote: passed unanimously. NEW BUSINESS: C-1 RESOLUTION NO. 52-67. RESOLUTION ADOPTING A SALARY SCHEDULE AND POSITION CLASSIFICATIONS ASSIGNING CITY EMPLOYEES TO CLASSIFICATIONS AND SALARY STEPS WITHIN THE RESPECTIVE RANGES OF THE SALARY SCHEDULE, DESCRIBING METHODS OF ADVANCEMENT AND -REPEALING -PREVIOUS SALARY RESOLUTIONS. MOTION: Councilman Bowen moved that Resolution No. 52-67 be read by title only. Councilman Keiser seconded. Roll call vote: passed unanimously. Resolution No. 52-67 was read by title only. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 9, 1967 Page Seven MOTION: Councilman Bowen moved for the adoption of Resolution No. 52-67. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery C-2 RESOLUTION NO. 53-67. RESOLUTION.GRANTING VARIANCE TO E. D. BUSH, Lot 8, Block 23, Ocean'Heights No. 1 Mr. White stated the report.and recommendations ,of the Planning Commission have been submitted to the City Council for their con- sideration. Resolution No. 53-67 was then read in its entirety. MOTION: Councilman Bowen•moded for the adoption of Resolution No.'•53-67.' Councilman Bickford seconded. Roll call vote: passed unanimously. C-3 RESOLUTION NO. 54-67. RESOLUTION GRANTING CONDITIONAL USE PERMIT TO DAVID BAXTER, Lot 7, Block 7, Marbh and McAllister Addition " .. Mr. White reviewed the report and recommendations of the Planning Commission on the request of Mr. Baxter. Comments were.heard from Mr. Baxter regarding his.request for a conditional use.permit, and requested that the requirement for painting the building.be deferred at this time. MOTION: Councilman Mallery moved that if any extension of the conditional use permit beyond the one year period,is granted that the building would have to be painted, otherwise we would accept this for the first year. Discussion held among members of the Council and staff. Mr. White suggested that Councilman Mallery's motion be reworded as follows: Building'to be repainted to blend with the surrounding area prior to any extension of the conditional use permit at the end of,the one year period. Councilman Mallery agreed to the amendment of his motion. Councilman Keiser seconded the motion as amended. Roll call vote: passed unanimously. MINUTES - MORRO Regular Meeting Page Eight BAY CITY COUNCIL - May 9, 1967 C-4 (added) Select System Project.No. 35 Mr. White stated that in the vicinity of Select System Project No. 35 on Atascadero Road there is a serious problem of stabilizing the sand and leveling the large sand dunes. He stated quotations were requested from three contractors and -the low bid was received from Bob Mills in the amount of $666.00 to level the sand dunes. A Minute Order was requested to transfer the amount of $666.00 from the Unbudgeted Reserve for'this'work. MOTION: Councilman Bickford moved that we transfer $666.00 from the Unbudgeted Reserve for .the purpose of leveling the sand dunes. .Council- man Bowen seconded. Passed unanimously. . C-5 (added) La Fiesta Parade Mr. White stated he has been notified that the members riding in the La Fiesta Parade on Saturday, May 20, will.have to furnish their own car. Councilman Keiser and Bickford to work out their means of transportation for the parade. C-6 (added) Mr. White informed the Council that the tentative opening date for Thrifty Drug Store has been set for May 18, 1967. C-7 (added) Councilman Bickford notified the Council that the Morro Coast Audobon Society, Native California Plant Society and the Morro Bay Garden Club have joined together to establish a Nature Study area at the Morro Elementary School for the coming school year. Ground- breaking ceremonies will be held Saturday, May 13, 1967, at 10:00 A.M. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 . City'Council a. Councilman Mallery stated there will be.a hearing on May 16 in Sacramento on Senate Bill 1355 and Senate Bill 1075, one of which pertains to the out-of-state shipment of California Abalone and the other pertains ,to moving the Sea Otter from the Morro Bay area. MOTION: Councilman Mallery moved that we have a repre- sentative at this hearing to represent the City of Morro Bay, and I'.would request that I be allowed'to attend.this meeting since I introduced the signatures and letters to the Governor and to Senator Grunsky last month. 1J MINUTES - MORRO BAY CITY COUNCIL Regular Meeting -May 9, 1967 Page Nine Lengthy discussion was held among members the Council supporting the Bill pertaining of the Council relative to to the Sea Otter. MOTION: Councilman Bowen moved to authorize Councilman Mailery to attend the hearing on May 16 as a representative of the City Council. Further discussion held, after which Councilman Bowen withdrew his motion and seconded Councilman Mallery's motion.. After further discussion, it was'determined by.the Council that Councilman,Mallery be authorized to attend this hearing as a repre- sentative on the Senate Bill pertaining to shipment of abalone, but that he was not to represent the Council pertaining to the bill on Sea Otters. MOTION: Mayor Surfluh moved that Councilman Mallery's motion be amended as follows: ThatCouncilman Mallery be authorized to present City of. Morro Bay Resolution No. 42-67 relative to,out-of state shipment of California Abalone at the hearing in Sacramento on May 16, 1967. Councilman Mallery agreed to the Mayor's amendment. Councilman Bowen seconded the amended motion. Passed unanimously. D-1 b MOTION: Councilman Mallery moved that we hold an executive session at the end of this meeting to discuss personnel matters. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: Councilman Bowen Discussion was held among members of the Council and staff relative to adhering to the terms of the Brown Act regarding personnel matters. Councilman Mallery was advised that if, in the City Attorney's opinion, the matter to be brought before the Council at the executive session is inappropriate for an executive session, that the City Attorney will advise the Council to terminate the session: To discuss in open session the details of the matter may violate the very reason for per- mitting or requiring an executive session. D-2 City Attorney. Mr. Kardel stated there were'no matters to Fe —presented to the Council at this time. D-3 City Administrator a. Financial Report for the period April 15 through April 31, 1967. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 9, 1967 Page Ten MOTION: Councilman Bowen moved to approve the Financial Report for the period April 15 through April 31, 1967. Councilman Keiser seconded. Passed unanimously. D-3-b The Treasurer's Report for the period July, 1966 through April, 1967,,was submitted to the Council for their consideration. CORRESPONDENCE: 1. Copy of a Legislative Bulletin from the League of California Cities dated May 8,.1967. 2. Copy of a letter to Mrs. No Christopher from -Supervisor E. L. Kidwell re: installation of electrical outlets.'in Morro Rock Park. 3. Letter of invitation from the Paso Robles School for Boys to attend their Annual Open House on Saturday, May 20, 1967, from 9:00 a.m. to 2:00 p.m. 4. News Letter from the Office of the•Governor re: grant of $17,370 for the County of San Luis Obispo for restoration.of public facilities damaged in the flood of December, 1966. 5. Special'News Release from the Fish & Game Commission re: Hunting proposals. . 6. Notice of meeting of.Harbors and Watercraft Commission to be held May 22, 1967 in Stockton, California. 7. Copy of the minutes of the Harbors and Watercraft Commission meeting held April 17, 1967. 8. Notice of postponement of Water Resources Advisory Committee meeting. Next meeting scheduled for June 6, 1967. Mr. White gave a brief report on the meeting attended by himself and Mr. Spellacy at the California Navigation Conference. . MOTION: Councilman Bowen moved that the correspondence be filed. Councilman Keiser seconded. Passed unanimously. ADJOURNMENT: MOTION: Councilman Bowen moved that this meeting be adjourned to executive session. Councilman Bickford seconded., Passed unanimously. Meeting adjourned to executive session at 11:25 P.M. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - May 9, 1967 Page Eleven Discussion held relative to the;request for the executive session and whether the matter to be discussed was a proper subject for an executive session. MOTION: Councilman Mallery moved to adjourn from executive session to regular session. Councilman Bowen seconded. Passed unanimously. Meeting moved to open session at 11:38 P.M. Mayor Surfluh declared the regular meeting to be in session and asked the City Attorney to state the action of the Council during the executive session. Mr. Kardel stated that Councilman Mallery had delineated the subject matter of the executive session which may or may not, in fact, be appropriate for an executive session. A determination will be made at the May 15 Council meeting'regarding whether an executive session will•be held and the procedural steps leading to it. Councilman Mallery and Mr. Kardel will meet in the interim. Mr. Kardel will also meet with the City employee involved. Mr. Kardel then asked Councilman Mallery if this correctly stated the disposition of the matter. Councilman Mallery stated that it did and that it was very well stated.. Mayor Surfluh entertained a motion to adjourn this meeting to Monday, May 15, 1967 at 7:30 P.M. MOTION: Councilman Bowen moved to adjourn this meeting to Monday, May 15, 1967 at 7:30 P.M. Councilman. Bickford seconded. Passed unanimously. Meeting adjourned at 11:40 P.M. RECORDED BY: C. TED WHITE, -City Clerk .. s. NOTICE OF SPECIAL MEETING Under the provisions of Section 54956 of the Government Code, NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council of the City of Morro Bay will be held on Friday, April 28, 1967, at 7:30 P.M. in the Morro Bay Recreation Hall, Shasta and Dunes Streets, Morro Bay, California, to consider the following matter: 1. Budget Conferences - Consideration of Departmental budget requests for fiscal year 1967-68. Dated: April 25, 1967 J. S. SURFLUH, Mayor City of Morro Bay, Calif. By: C. TED WHITE, City Clerk City of Morro Bay, Calif. i MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting April 28, 1967 7:30 P. M. Morro Bay Recreation Hall Mayor Surfluh called the meeting to order at 7:34 P.M. This meeting was adjourned from the regular meeting of April 25, 1967 and the special meeting of April 24, 1967. ' ROLL CALL: PRESENT: Councilmen Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: Councilman Bickford 1. Mayor Surfluh stated the first item on'the Agenda concerns the Use Permit Agreement to be granted to'the Morro Bay Yacht Club for Lease Sites 59,59W,60 and 60W. This matter was continued from the regular meeting of April 25, 1967. Mr. White reviewed the proposed Use Permit Agreement by and between the City of Morro Bay and the Morro Bay Yacht Club for the benefit of the Council and those present, and stated that Mr. Ed Carnegie,. " representative of the Yacht Club, had indicated that.the proposed Agreement is acceptable to the membership of the Yacht Club and they will accept it as presented. RESOLUTION NO. 50.67. RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO BAY YACHT CLUB MOTION: Councilman Bowen moved that Resolution No. 50-67 be adopted. Councilman Keiser seconded. Discussion held. Councilman Bickford arrived at 7:36 P.M. Roll call vote: Passed unanimously. 2. Consideration of the Preliminary Budget continued from the Special Meeting held.on April 24, 1967. Budget Account 23 - Recreation Mr. White reviewed the requests for this department and the recommendations of the administrative staff. Discussion held re- garding part-time employees. Comments were heard from Ron Boone, Recreation Director, and Sid Bennett, Chairman of the Parks and Recreation Commission, regarding the success of the recreation pro- gram during the past year, and.in support of the budget requests for the coming year.. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting April 28, 1967 Page Two MOTION: Councilman Bickford moved for the adoption of Budget Account 23 as recommended by the ad- ministrative staff. Councilman Bowen seconded. Roll call vote: passed unanimously. 3. Budget Account 26 - Fire Department Mr. White requested a Council decision on the request for a resuscitator for this department. MOTION: Councilman Keiser moved that we allow in the budget the amount of $400 for the purchase, of the requested resuscitator. Discussion held. Councilman Bickford recommended that we not trade in the old resuscitator, but keep it as a spare. Councilman Keiser agreed to add this provision to her motion. Councilman Bowen seconded. Roll call vote: AYES: Councilman Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery 4. Budget Account 10 - City Council Mr. White reviewed the -recommendations of the administrative staff for this budget account. Mr. White stated a memo has been submitted to the Council relative to the justification for the re- quest for the construction of Council Chambers, and recommended that the staff be authorized to proceed with the plans for said Chambers to be built next,to the City Hall. Discussion held MOTION: Councilman Bickford moved to delete the request for'Council Chambers, and approve the rest of the,City Council budget as presented. Council- man Bowen seconded. Passed unanimously. 5. Budget Account 11 - City Administrator Mr. White reviewed the requests and recommendations of the administrative staff for this budget account. Discussion held. MOTION: Councilman Bowen moved that Budget Account 11 be adopted. Councilman Keiser seconded. Roll call vote: passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting April 28, 1967 Page Three 6. Budget Account 14 - City Attorney Mr. White reviewed this budget account for the benefit'of the Council and, those present, and stated no figure ,was included for extraordinary fees.' Discussion held relative to including extraordinary fees in the budget request._ MOTION: Councilman Mallery moved to increase this budget account by $50,000 under Contract Services, and approve Budget,Account 14• as amended. Councilman Keiser seconded. Passed unan-imously. 7. Budget Account 15 - Finance Department Mr. Ludeman, Director of Finance, reviewed the•requests for this department. Mr. White reviewed the recommendations of the administrative staff. Discussion held. MOTION: Councilman Keiser'moved that we adopt Budget Account 15 as recommended by the administrative staff. Councilman'Bowen seconded. Passed unanimously. 8. Budget Account 16 - Planning Commission Mr. White reviewed the proposed budget for this department. Discussion held in depth. MOTION: Councilman Bickford moved for adoption of Budget Account,16 in the amount of $2,330; Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery &Mayor Surfluh NOES: Councilman Bowen 9. Budget Account 20 - Elections Mr. White stated there is only one item in this budget account, that being the municipal election to be held in April, 1968'. MOTION: Councilman Mallery moved for a breakdown of the last election. Discussion held. Motion died for lack of a second. MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting April 28, 1967 Page Four MOTION: Councilman Bickford moved for adoption of Budget Account 20. Councilman Bowen.seconded. Passed unanimously.11 10. Budget Account 22 - General Services' Mr. White and Mr. Ludeman reviewed the requests and staff recommendations for this budget account. Discussion held regarding the need for a.caretaker at the Morro Rock Park campgrounds. MOTION: Councilman Bickford moved for approval of Budget Account 22 in the amount of $38,323. Mayor Surfluh seconded. Passed unanimously. 11. Budget Account 27 - Animal Regulation Mr. White reviewed the requests and recommendations of the administrative staff. MOTION: Councilman Keiser moved for the adoption of Budget Account 27. Councilman Bickford seconded. Passed unanimously. 12. Budget Account 28 - Civil Defense Mr. White reviewed this budget account for'the benefit of the Council and those present. MOTION: Councilman Bickford moved for approval of budget account 28. Councilman Bowen seconded. Passed unanimously. 13. Budget Account 29 - School Crossing Guards Mr. White reviewed this budget account for the benefit of the Council and those present. MOTION: Councilman Bowen moved for approval of Budget Account 29. Councilman Keiser seconded. Passed unanimously. 14. Budget Account 36 - Water Department Mr. White requested this budget account be deferred until after the meeting of May 9th as a presentation will be made by a MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting April 28, 1967 Page Five representative of deotechnical Consultants, Inc. relative to the water needs of Morro Bay. The requests and recommendations for this department.were then reviewed by Mr. White, who requested that no final action be taken on 'Professional Services' until after the 9th of May. Discussion held. MOTION: Councilman Bowen moved that Budget Account 36 be approved with the exception of Item 15, Professional Services. Councilman ' Bickford seconded. *Passed unanimously. 15. Budget Account•39 - Planning and Building Mr. White reviewed the requests for this department and the staff recommendations for the benefit of the Council and •those present. Discussion held in depth relative to the need of retaining the ser- vices of the County Planning Director as acting City Planning Director. • MOTION: Councilman Bickford moved for approval of Budget Account 39. Councilman Bowen seconded. Passed unanimously. Councilman Keiser asked that it be noted that there is not one person here from the Taxpayer's•Association. 16. Budget Account 19,- Chamber of Commerce There being no representative from the Chamber present, Mr. White asked that this matter be deferred to a later meeting. MOTION: Councilman Mallery moved to adopt this budget account as'presented. Discussion held in depth, after which Councilman Mallery withdrew his motion. This matter deferred to a date_and time to'be considered at the regular meeting of May 9, 1967. Discussion held pertaining to the•date for the next budget conference. No date or time set at this time., MINUTES - MORRO BAY CITY COUNCIL Adjourned Regular Meeting .• April 28, 1967 Page Six ADJOURNMENT: " MOTION: Councilman Mallery moved for adjournment Councilman Keiser seconded. Passed unanimously. Meeting adjourned at 10:10 P.M. RECORDED BY: C. TED WHITE, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 25, 1967 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES: 1. Regular meeting of April 11, 1967 HEARINGS, APPEARANCES AND REPORTS A-1 Presentation of plaque by Morro Bay Jr. High School A-2 Public Hearing re: Sign Ordinance UNFINISHED BUSINESS B-1 Use Permit to Morro Bay Yacht Club - Lease Sites 59 & 60 B-2 Resolution re: Abalone Industry B-3 Submission of Final Map, Tract No. 357 NEW BUSINESS C-1 Resolution granting Use Permit to Morro Bay Art Association to use City property for Art Show C-2 Resolution setting date and time for hearing on request for rezoning of the Woolman property, Toro Point, from R-1 and U to R-3 INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report (2) CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: May 9 and May 23, 1967 2. Planning Commission Meetings: May.2 and May 16, 1967 ADDENDA April 25, 1967 UNFINISHED BUSINESS: B-4 Bid results on Automobile and Tractor NEW BUSINESS: C-3 Resolution re: Highway Beautification C-4 Agreement for right-of-way, Atascadero Road MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 25, 1967 7:30 P.M. Morro Bay Recreation Hall Mayor Surfluh called the meeting to order at 7:31 P.M. with the pledge of allegiance. Mayor Surfluh then gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery &:Mayor Surfluh ABSENT: None MINUTES: Minutes of the regular meeting of April 11, 1967, were considered by the Council. MOTION: Councilman Bowen moved that the minutes be approved as written. Councilman Bickford seconded. Passed unanimously. MOTION: Councilman Keiser moved that the minutes be filed. Councilman Bowen seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS: A=1 Presentation of plaque by Morro Bay Jr. High School Student Body Larry Roberts, representing the Student Council.of the Morro Bay Jr. High School, presented a plaque.to Mayor Surfluh. Said plaque to be placed near the Blue Spruce tree that the Morro Bay Jr. High School Student Body donated-, which has been planted in the divider in front of the Morro Bay Recreation Hall. Mayor Surfluh thanked Mr. Roberts and the students in attendance for the presentation and stated the tree and plaque are very much appreciated by the City Council and the citizens of Morro Bay. A-2 Public Hearing re: Sign Ordinance Mayor Surfluh indicated to those present that this was the time for the public hearing to consider the proposed sign ordi= nance. He asked that the Sign Ordinance be read in its entirety. Ordinance No. 58, AN ORDINANCE REPEALING ORDINANCE NO. 42 AND CREATING AND ADDING CHAPTER III TO TITLE V OF THE MORRO BAY MUNICI- PAL CODE, ENTITLED SIGN ORDINANCE, was then read in its entirety for the benefit of the Council and those present. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 25, 1967 Page Two Mayor Surfluh stated a letter has been received from the Morro Bay Chamber of Commerce dated April 18, 1967,.relative to recommended changes in the Sign Ordinance. Mr. White read said letter in its entirety for the benefit of the Council and those present. The accompanying recommendations were reviewed and discussed in depth. Representatives of the Morro Bay Chamber of Commerce were asked to review for the benefit of the Council and those present their recommendations regarding the various sections of the proposed ordinance. After considerable discussion regarding the, proposed sign ordinance, it was determined by the City Council that this hearing should be continued to another meeting.. MOTION: Councilman Bickford moved to continue this public hearing to the 9th of May, 1967. Councilman.Bowen seconded. Passed unanimously. RECESS: 10:01 P.M. RECONVENED: 10:17 P.M. UNFINISHED BUSINESS: B=1 Use Permit to Morro Bay Yacht Club -'Lease Sites 59 & 60 Mr. Kardel, City Attorney, reviewed the Use Permit Agree- ment for the benefit of the Council and those present. Mr. Ed Carnegie, representing the Morro Bay Yacht Club, stated they had requested use of the water adjacent to Lease Sites 59 and 60 also. Discussion was held. Mr. Kardel recommended that this matter be deferred until the meeting of April 28, 1967, so that the Yacht Club will have time to review the proposed agreement. After discussion it was mutually agreed that final action can be taken on the granting of this Use Permit Agreement at the ad- journed session of this meeting to be held on Friday, April 28, 1967. B-2 RESOLUTION NO. 42-67: RESOLUTION IN SUPPORT OF LEGISLATION TO ALLOW OUT OF STATE SHIPMENT OF CALIFORNIA ABALONE Mr. White read Resolution No. 42-67 in its entirety. MOTION: _Councilman Keiser moved for the adoption of Resolution No. 42-6.7. Councilman Bickford seconded. Roll call vote: passed unanimously. u MINUTES - MORRO BAY' CITY COUNCIL Regular Meeting - April 25, 1967 Page Three B-3 Submission of Final Map, Tract No. 357 A map of Tract No. 357 was displayed and reviewed by Sam Taylor, City Engineer, for the benefit of the Council and those present. Mr. Taylor stated the staff has reviewed the map and found it to be correct. Mr. Kardel reviewed the Agreement and recommended certain minor changes in structure and recommended approval of said agreement. Discussion held regarding the time period within which the improvements are to be completed. A one year period was recommended. RESOLUTION NO. 43-67: RESOLUTION APPROVING IMPROVEMENT AGREEMENT BY AND BETWEEN THE MORRO SANDS LAND COMPANY AND THE CITY OF MORRO BAY RELATING TO IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 357, CITY OF MORRO BAY. Mr. White read Resolution No. 43-61 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 43-67. Councilman Mallery seconded. Roll call vote: passed unanimously. RESOLUTION NO. 44-67: RESOLUTION APPROVAL FINAL MAP OF TRACT NO. 357, CITY OF MORRO BAY. Mr. White read Resolution No. 44-67 in its entirety. MOTION: Councilman Bowen moved for the adoption of Resolution No. 44-67. Councilman Bickford seconded. Roll call vote: passed unanimously. B-4 Bid results on automobile and tractor Mr. White -reviewed the bids received for these two items. RESOLUTION NO. 45-67: RESOLUTION APPROVING HIGH BID FOR PURCHASE OF 1938 ALLIS-CHALMERS TRACTOR Mr. White read Resolution No. 45-67 in its entirety. MOTION: Councilman Bowen moved that Resolution No. 45-67 be adopted. Councilman Bickford seconded. Roll call vote: passed unanimously. RESOLUTION NO. 46-67: RESOLUTION ACCEPTING HIGH BID FOR PURCHASE OF 1960 FORD CUSTOM SEDAN Mr. White read'Resolution No. 4'6-67 in its entirety. C, • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 25, 1967 Page Four MOTION: Councilman Bickford moved for the adoption of Resolution No. 46-67. Councilman Keiser seconded. Roll call vote: passed unanimously. NEW BUSINESS: C-1 RESOLUTION NO. 47-67: RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO BAY ART ASSOCIATION Mr. White stated a request has been received from the Morro Bay Art Association for use of the City Park for their annual Art Show to be held May 27 & 28, 1967. He further stated that a Use Permit Agreement has been prepared. Mr. White then read Resolution No. 47-67 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 47-67. Councilman Bowen seconded. Roll call vote: passed unanimously. C-2 Resolution setting date and time for hearing on request for rezoning of the Woolman Property.- Toro Point, from R-1 and U to R-3. •Discussion held relative to the date to be set for the public hearing. MOTION: Councilman Mallery moved that we adopt the date of May 23, 1967. Councilman Bickford seconded. Passed unanimously. RESOLUTION NO.'48-67: RESOLUTION REGARDING RECOMMENDED CHANGE OF ZONING AND SETTING DATE FOR HEARING.(West Side of Hwy 1 from Yerba Buena St. to,Toro Point) Mr. White read Resolution No.. 48-67 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 48-67. 'Councilman Keiser seconded. Roll call vote: passed unanimously. C-3 Resolution re: Highway Beautification Act of 1965 (Added) Mr. White stated a letter has been received from the League of California Cities requesting support to amend said Beautification Act. Discussion held. MOTION: Councilman Keiser moved to defer this matter to the meeting of May 9, 1967. Councilman Bickford seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 25, 1967 Page Five C-4 RESOLUTION NO. 49-67: RESOLUTION APPROVING AGREEMENT Added) BY AND BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, AND THE CITY OF MORRO BAY FOR AN EASEMENT FOR A RIGHT-OF-WAY ON ATASCADERO ROAD. Mr. White stated the State of California has submitted an Agreement•and Grant of Easement for a right-of-way for the extension of Atascadero Road and -they have requested an amount of $250 as consideration for this easement. Mr. White then read Resolution No. 49-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 49-67. Councilman Keiser seconded. Roll call vote: passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council Councilman Bickford asked for a list of what items are to be considered at each budget conference. Mr. White stated such a list will be prepared prior to Friday, April 28. D-2 City Attorney: Nothing at this time D-3 City Administrator a. Mr. White stated the Council has been presented with copies of the Expenditure Reports•for the periods March 16 through March 31, 1967 and April 1 through April 15, 1967, for their con- sideration. MOTION: Councilman Bickford moved for the approval of the Expenditure Reports for the period March 16 through March 31, 1967 and April 1 through April 15, 1967. Councilman Keiser seconded. Passed unanimously. CORRESPONDENCE: 1. Letter from Department of Administrative Management, W. V. Waggoner, re: representative to serve on the Local Agency Formation Commission. Discussion held. Councilman Keiser stated she would be willing to serve on this Commission.. MOTION: Councilman Bickford nominated Councilman Keiser to serve on the Local Agency Forma- tion Commission. Councilman Bowen seconded. Passed unanimously. LJ MINUTES - MORRO Regular Meeting Page Six BAY CITY COUNCIL - April 25, 1967 2. Letter from Department of Administrative.Management re: hearing on proposed amendment to Section 8-013,� Inoperative Provision, of the County Ordinance on Uniform County Sales and Use Tax to be held May 8 at 1:30 P.M. in the Board.of Supervisors Chambers. 3. Letter of invitation to.participate iri ribbon -cutting ceremonies at the new Thrifty Drug Store. Mr. White stated the date of April 27 has been changed and the Council will be notified of the proper date. 4. Copy of a Legislative Bulletin dated April 14, 1967, from the League of California Cities. 5. Letter and report from Warren.M. Dorn, Board of Supervisors, County of Los Angeles, re: Governorls Commission on the Law of Pre-emption. ' 6. Copy of the Agenda of the Fish & Game Commission meeting 'to'.be held-�April 28, 1967. 7. Copy of Minutes of the Fish & Game Commission meeting held. February 10, 1967. 8. Copy of a letter to the Board. of Supervisors from San Luis Obispo County Flood Control & Water Conservation District re: Petitions for changes in points of diversion and place of use, Permits 12851 and 12852, Applications 17123 and 17962, Paso Robles Creek.. 9. Notice from U. S. Army Corps of Engineers re: Public Hearing to be held May 16 in Cambria re: Survey on Cambria and San Simeon Bay. 10. Letter from Assemblyman Ketchum acknowledging receipt of.our Resolution No. 36-67 re: "Mayo -Breed" Formula. 11. Post card from Assemblyman W. Craig Biddle acknowledging receipt of our Resolution No. 36-67're: "Mayo -Breed" Formula. 12. Letter from Senator Randolph Collier acknowledging receipt of our Resolution No. 36-67 re: "Mayo -Breed" Formula., 13. Letter from Senator Donald L. Grunsky acknowledging receipt of our Resolution No. 36-67 re: "Mayo -Breed" Formula. 14. Letter from Assemblyman William M. Ketchum_encl6sing copy of his reply to Robert Fairbanks re: Golden Tee's Use Permit. 15. Letter from San Luis Coastal Unified School District re: Public School Week , April 24 - 28, 1967. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 25, 1967 Page Seven 16. Letter from Dr. Isaac Farfel re: Economic Report of the General Plan. MOTION: Councilman Mallery moved to file .the correspondence. Councilman Bickford seconded. Passed unanimously. ADJOURNMENT: MOTION: Councilman Bickford moved to adjourn this meeting to Friday, April 28, 1967, at 7:30 P.M. Councilman Mallery seconded. Passed unanimously. Meeting adjourned at 11:15 P.M. RECORDED BY: C. TED WHITE, City Clerk 0 NOTICE OF SPECIAL MEETING Under the provisions of Section 54956 of the Government Code, NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council of the City of Morro Bay will be held on Monday, April 24, 1967, at 7:30 P.M. in the Morro Bay Recreation Hall, Shasta and Dunes Streets, Morro Bay, California, to consider the following matter: 1. Budget Conferences - Consideration of Departmental budget requests for Fiscal Year 1967-68. Dated: April 18, 1967 i q, S. L, �' �/, dS. SURFLUH, ayo` r ty of Morro ay, Calif. MINUTES - MORRO BAY CITY,COUNCIL Special Meeting April 24, 1967 7:30 P. M. Morro Bay Recreation Hall . Mayor Surfluh called the meeting to order at.7:31 P.M., and stated the purpose of this meeting is to consider the Preliminary Budget. Departmental requests for.the Fiscal Year 1967-68 will be considered individually. 1. Budget Account'25 - Police Department Mr. White requested that the first budget account to be considered be Budget Account 25, Police Department. He reviewed each category. in this budget account pertaining to the departmental request and. the administrative staff's recommendations. He then called upon Chief Holeman to make his presentation to the Council. Chief Holeman reviewed in depth the proposed budget and personnel requirements. Sgt. Feierabend reviewed the request for equipment for the Identification Bureau. Discussion held relative to the request for additional personnel and equipment. MOTION: Councilman Bickford moved that we accept the recommendation of the administrative staff on " this department. Councilman Keiser seconded.. Roll call vote: AYES: NOES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh Councilman Mallery 2. Budget Account 26 - Fire Department Mr. White gave a summary of the requests made by Chief Rieger rela- tive to equipment and additional personnel, and reviewed the administrative staff's recommendation for this department. He then called upon Chief Rieger to make his presentation to the Council. Chief Rieger.reviewed his request for equipment. Discussion held in depth regarding this request. Action deferred on.the request for a,resuscitator until the next budget conference. Chief Rieger then reviewed his need for additional personnel. Dis- cussion held. MOTION: Councilman Bickford moved that we accept the recommendation of the administrative staff regarding personnel, and on the equipment that we approve all items except the resuscitator and defer this item until the next budget session. Councilman Keiser seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor. Surfluh NOES: Councilman Mallery MINUTES - MORRO BAY CITY COUNCIL Special Meeting - April 24, 1967 Page Two RECESS: 9:24 P.M. RECONVENED: 9:30 P.M. 3. Budget Account 18 - General Government Buildings ., Mr. White reviewed this budget account for the benefit of the Council and those present. Discussion was held. MOTION: Councilman Bickford moved for approval of the staff recommendations on Budget Account 18. Councilman Bowen seconded. Passed unanimously. 4. Budget Account 30, Engineering & Administration Mr. White reviewed the departmental requests and the staff's recommendation relative to this budget account. Discussiori.held MOTION: Councilman Keiser moved to accept the recommendations of the administrative staff on Budget Account 30. Councilman Bowen seconded. Passed unanimously. 5. Budget Account 31 - Parking Facilities Mr. White and Mr. Spellacy, Director of Public Works, reviewed -this budget account for the benefit of the Council and those present. Discussion held. MOTION: Councilman Bickford moved to approve this budget request:. Councilman Keiser seconded. Passed unanimously. 6. Budget Account 32 - Storm Drains Mr. Spellacy presented his budget for this department. Discussion was held relative.to the requested budget and the staff's recommend- ation. MOTION: Councilman Bickford moved for approval of Budget Account 32. Councilman Bowen seconded. Passed unanimously. 7. Budget Account 33 - Streets Mr. White and Mr. Spellacy reviewed the requests and staff recommenda- tions for this department for equipment and personnel. Discussion held regarding the cost of the tractor as requested by Mr. Spellacy. MINUTES - MORRO BAY CITY COUNCIL Special Meeting - April 24, 1967 Page Three MOTION: Councilman Mallery moved to change the figure from $7,600 to $6,125 on equipment, line 33. Discussion held. Councilman Bickford.seconded. Further discussion held. Roll call vote: AYES: Councilman Bickford, Bowen, Mallery & Mayor Surfluh NOES: Councilman Keiser MOTION: Councilman Bickford moved for the adoption of Budget Account 33. Councilman Bowen seconded. Passed unanimously. 8. Budget Account 34 - Sanitary This budget account was reviewed in depth by Mr. White and Mr. Spellacy. Discussion held. MOTION: Councilman Bickford moved for the adoption of Budget Account 34 as recommended by the administrative staff. Councilman Bowen seconded. Passed unanimously. 9. Budget Account 36 - Water Department Mr. White requested that consideration of this budget account be deferred to a later date. The Council.'agreed to defer this matter. 10. Budget Account 37 - Harbor Mr. Spellacy reviewed his requests for this department, and Mr. White reviewed the staff's recommendation for this budget account. Discussion held. MOTION: Councilman Keiser moved for the adoption of the recommendations of the staff on Budget Account 37. Councilman Bowen seconded. Passed unanimously. 11. Budget Account 38 - Parks and Plavarounds Mr. White reviewed the proposed budget for this department. Dis- cussion held. MINUTES - MORRO BAY CITY COUNCIL Special Meeting - April 24, 1967 Page Four MOTION: Councilman Bickford moved for approval of Budget Account 38 in accordance with the administrative staff's recommendations. Councilman Keiser seconded. Passed unanimously. 12. Budget Account 40 - Street Lighting Mr. White reviewed this budget account for the benefit of the Council and those present. Discussion held. MOTION: Councilman Bickford moved for approval of Budget Account 40. Councilman -Keiser seconded. Passed unanimously. ADJOURNMENT: MOTION: Councilman Keiser';moded to adjourn to a Special Meeting on Friday, April 28, 1967. Councilman Bickford seconded. Passed unanimously,*,,. Meeting adjourned at 11:02 P.M. 100010 7072IY7:)'� C. TED WHITE, City Clerk El ,0 CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING April 11, 1967 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of March 28, 1967 2. Special meeting of March 31, 1967 HEARINGS, APPEARANCES & REPORTS A-1 Appearance of representative of Pacific Gas & Electric re: Annual Franchise Payment. A-2 Report on Franchise Payment from Southern Counties Gas Company. UNFINISHED BUSINESS B-1 Lease to Golden Tee Motel, Inc. B-2 Matters relating to Morro Bay Yacht Club's request to lease harbor property. B-3 Set dates and times for Budget Conferences. NEW BUSINESS C-1 Bid results for Select System Project No. 34 C-2 Resolution Approving Form and Agreement Authorizing Installation of Curbs, Gutters and Sidewalks. C-3 Petition re: Request for stop signs, Morro Bay Blvd. and Napa Avenue. C-4 Submission of Economic Survey, General Plan from Hahn, Wise and Associates, Inc., Planning Consultants. C-5 Request for additional use, Lease Site 122 & 123, Harbor Hut. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report b. Treasurer's Report CORRESPONDENCE ADJOURNMENT rAl onrlAr 1. City Council Meeting: April 25, 1967 2. Planning Commission Meetings: April 18 and May 2, 1967 6 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting April 11, 1967 7:30 P.M. Morro Bay Recreation Hall Meeting was called to order.at 7:35 P.M invocation. ROLL CALL: Mayor Surfluh gave.the PRESENT: Councilmen'Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None. MINUTES: Minutes of the Regular meeting of March 28 and Special meeting of March 31, 1967 were considered by the Council. MOTION Councilman Keiser moved to dispense with the reading of the minutes.. Councilman Bickford seconded..'Passed_unanimously. Mayor Surfluh asked if there were any corrections to be made to said minutes. Councilman Mallery questioned the intent of Councilman Bowen's motion relative to the payment of rent in the Golden Tee Lease in the minutes of March 28, 1967, Page 3. Discussion held. MOTION: Councilman Bickford moved to approve the minutes as written. Councilman Bowen seconded. Passed unanimously. HEARINGS. APPEARANCES AND REPORTS: A-1 Appearance of representative of P. G. & E. re: Annual.. Franchise Payment Mr. White introduced Mr. -Roy Whitford, representative of P. G. & E. Mr. Whitford presented the Council with a check in the amount of $4,494.13 which is the franchise payment for the period from January 1, 1966 thru December, 1966. A-2 Report on Franchise Payment from Southern Counties Gas Co. Mr. White stated Southern Counties Gas Company has submitted their payment in accordance with the terms of their franchise in the amount of $8,520.14. MINUTES - MORRO BAY CITY COUNCIL April 11, 1967 Page Two MOTION: Councilman Keiser moved that an appropriate letter be written to P.G.&E. and Southern Counties Gas Company. Councilman Bowen seconded. Passed unanimously. UNFINISHED BUSINESS: B-1 Lease to Golden Tee:Motel,.Inc. Mr. Phelan, City Attorney, stated this lease document has been re- viewed with representatives of the Golden Tee. He then proceeded to review the lease document for the benefit of the Council and those present. Discussion held relating to Paragraph 11 "Assignment - Sublease" relative to the sentence"The decision of the,Morro Bay City Council as to such financial responsibility and qualifications of the pro- posed assignee shall be final". MOTION: Mayor Surfluh moved to delete the following sentence from the lease document: "The decision of the Morro Bay City Council as to such financial responsibility and qualifica-. tions of the proposed assignee shall be final Councilman Bowen seconded. 'Passed unanimously. Mr. Phelan stated, upon completion of.the review of the lease, that it would be in order to pass a resolution authorizing the execution of the lease document if it meets with Council approval.. Discussion was held regarding the time when the rent.payment is to begin. MOTION: Councilman Mallery moved that we do not lease this property or any other trust property without demanding that the rent start when the lease is signed.• Councilman Keiser seconded. Lengthy discussion held among members of relative to the time when payment of rent of rent to be paid. Roll call vote:. AYES: Councilmen Keiser and Mallery the Council and Staff is to begin and the amount NOES: Councilmen Bickford, Bowen and Mayor Surfluh Motion defeated. RESOLUTION NO. 38-67. RESOLUTION APPROVING LEASE TO GOLDEN TEE MOTEL, INC. Mr. White read Resolution No. 38-67 in its entirety. MINUTES - MORRO BAY CITY COUNCIL April 11, 1967 Page Three MOTION: Councilman Bickford moved for the adoption of Resolution No. 38-67. Councilman Bowen seconded. Roll' call vote: AYES: Councilmen Bickford, Bowen, Keiser, and Mayor Surfluh NOES: Councilman Mallery B-2 Matters relating to Morro Bay Yacht Club's request to I lease Harbor property Mr. White stated a committee of the Council, consisting of Council- men Bowen and Keiser, had met with representatives of the Yacht Club and asked the committee to make a report on that meeting. Councilman Keiser gave a brief report on their meeting with the executive committee of the Yacht Club relative to leasing the two adjacent lease sites for dry boat storage facilities. Discussion was, held among members of the Council, City Staff and . Mr. Ed Carnegie, representing the Yacht Club, regarding the term and cost of leasing Lease Sites 59 and 60. Further discussion held relative to a permanent location for the Yacht Club. Mr. White stated the cost to lease these two lease sites at 75 per- cent of the appraised value would be $53.91 per month; at 50 percent of the appraised value, it would be $35.94. Further discussion held and Mr. Carnegie indicated that the Yacht Club may agree to pay the amount of $35.94 per month. MOTION: Councilman Bowen moved that the Yacht Club be granted a Use Permit at the figure stated. City Attorney recommended that the staff be directed to prepare a Use Permit for submission to the Council outlining the terms and conditions as discussed tonight, which are: one-half of the commercial rates on rent for Lease Sites 59'& 60; a one year term; no permanent structures; and that fencing be required. Councilman Mallery seconded. Passed unanimously. - Use Permit to be submitted to the City Council at.the next regular meeting to be held April.25,.,1967. B-3 Set dates and times for Budget Hearings Mr. White stated that in accordance with the Budget Calendar, the Preliminary Budget has been submitted to the Council, and dates and times are now to.be.set for budget conferences. He recommended Mondays and Fridays as ,the Recreation Hall is open on those nights. Discussion held. . 7 MINUTES - MORRO BAY CITY COUNCIL April 11, 1967 Page Four MOTION: Councilman Mallery moved to set the dates for April 24, April 28, May 1 and May 5, 1967, at 7:30 P.M. in the Recreation Hall.. Councilman Bickford seconded. Passed unanimously. RECESS: 9:37 P.M. NEW BUSINESS: RECONVENED: 9:48 P.M. C-1 Bid results for Select System Projects No. 34 & No. 36 Mr. White briefly reviewed the location of each project, stating they had been combined. He stated the Engineer's Estimate amounted to $31,987.15 and the low bid received was for $19,997.06 from C.S. Construction Company. RESOLUTION NO. 39-67. RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF ROAD IMPROVEMENTS AND DRAINAGE FACILITIES (S. S. PROJECTS NO. 34 AND NO. 36) Mr. White read Resolution No. 39-67 in its entirety. MOTION: Councilman Keiser moved for the adoption of Resolution No. 39-67. Councilman Bickford seconded. Roll call vote: passed unanimously C-2 Resolution approving form and agreement authorizing installation of curbs, gutters and sidewalks ' Mr. White stated that in conjunction with Select System Project No. 34, inquiries have been made of persons owning property fronting on Harbor Street regarding their willingness to participate in in- stalling -curbs, gutters and sidewalks. He requested the Council to consider allowing the property owners, who have quite a large area to be improved, to pay this cost over an extended period of time, not to exceed four years. RESOLUTION'NO. 40-67. RESOLUTION APPROVING FORM ' AUTHORIZING INSTALLATION OF CURBS; GUTTERS, SIDEWALKS. AND DRIVEWAYS AND AGREEMENT TO PAY FOR SUCH IMPROVEMENTS AND AUTHORIZATION FOR THE DIRECTOR OF PUBLIC WORKS TO SIGN SUCH AGREEMENT. Mr. White read Resolution No. 40-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 40-67. Councilman Bowen seconded.. Roll call vote: passed unanimously. Discussion was held regarding allowing the.cost of these improvements to be paid over an extended period -of time. MINUTES - MORRO BAY CITY COUNCIL April 11, 1967 Page.Five Mr. Phelan recommended that if the Council'approves'thisiequest, that it be on an interest basis, not to exceed six percent per annum; the interest to commence on the 31st day after the confirm-. ation of the assessments under the compulsory procedure; and that a maximum limit of.five years be established.. Discussion held and it was suggested that this matter be deferred until later in the meeting so the City Attorney could prepare a . resolution to this effect. C-3 Petition re:.Request for Stop Signs, Morro Bay Boulevard " and Napa Avenue'. Mr. White stated a copy of a petition requesting stop signs_to.be . installed at Morro Bay.Boulevard and Napa Avenue received from Mr. Caccia has been -submitted to.the•Council. He suggested that the Council direct the staff to make a,comprehensive study and traffic count at this location, and also at Shasta and Morro Bay Boulevard..., MOTION,: Councilman Keiser,moved.to authorize,the staff to study the'necessity of installing a stop' sign on Morro Bay Boulevard at Napa Avenue. Discussion held. " Councilman Mallery'seconded. Passed unanimously... C-4 Submission of Economic.Survey, General Plan, from Hahn, Wise & Associates, Inc., Planning Consultants Mr. White stated this item was placed on the'Agenda.to.bring to the attention of the public that ,the Economic Survey has been completed and.submitted to the -City Council and Planning.Commission.. He further stated that copies of this Survey have been made available to the libraries in the County and that copies are.available'on a loan basis or for sale, said cost to be $2.50 per copy. C-5 Request for additional use of Lease Sites 122 & 123, Harbor Hut Mr. White read 'a letter.received from Mr. Ralph Ruse, owner of the Harbor Hut, requesting permission to use a portion of the front of his lease to constructian excursion and sightseeing boat: Said construction period to be approximately 12 weeks. Discussion held relative to the proper use of this lease as.outlined in the lease. A drawing of the lease site to be used was presented to the Council for their review: Further discussion held regarding parking facilities. . 1 MINUTES - April 11, Page Six MOTION: MORRO BAY CITY COUNCIL 1967 Councilman Keiser moved that this request be granted to the Harbor_ Hut. Councilman Bowen seconded. Councilman Mallery asked that a specific period of time be included in Councilman Keiser's motion. . Councilman Keiser amended her motion to include a time limit of 12 weeks. Councilman Bowen agreed to the amendment. Further discussion held. Motion passed unanimously. C-6 (Added) Mr. White stated a request was received from the local abalone in- dustry requesting the Council's support for legislation initiated by Senator Grunsky relative to allowing out-of-state shipment of abalone. Comments wereheardfrom Mr. Richey and,Mr._ Sites, representatives of the abalone industry. MOTION: Councilman Mallery moved that we have the staff, prepare a resolution in support of the legis- lation that Senator Grunsky is going to introduce. Councilman Keiser seconded. Passed unanimously. C-2 Deferred from earlier on the Agenda City Attorney recommended that we limit this authorization to'this immediate Select System Project; that we not extend the City's credit in excess of four years; and that interest be charged. Mr. Phelan then presented Resolution No. 41-67 to the.Council. RESOLUTION NO. 41-67. RESOLUTION AUTHORIZING PRIVATE OWNERS VOLUNTARILY PARTICIPATING IN SELECT SYSTEM PROJECT NO. 34 TO PAY THE COST OF IMPROVEMENTS ON AN INSTALLMENT BASIS. MOTION: Councilman Bickford moved for the adoption of . Resolution No. 41-67. Councilman Keiser seconded. Roll call vote: passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION: D=1 City Council a. Councilman Mallery informed the.Council that he will attend a meeting of the League of California Cities Committee on Aviation in Sacramento on April 17. MINUTES'- MORRO BAY,*CITY COUNCIL April 11, 1967 Page Seven b. Councilman Mallery requested an up to date list of committees each Councilman is assigned to. Mr. White stated such a list will be prepared for presentation to the'Council.. c., Councilman Mallery questioned the.need for the steel posts erected in front'of the .'Keep Right' sign on Morro Bay Boulevard and Kern Avenue, stating he felt this was a hazard to the motoring public. Lengthy discussion held among members of the Council and Staff. No Council action taken. d. Councilman Keiser asked if the lighting project in the area of Olive and South Streets had been completed. Mr. White stated it has not been completed. D-2 City Attorney a. Mr. Phelan made a report of the.use of a collection agency in collecting delinquent accounts, and stated he felt it would.not be worthwhile to go to a collection agency at this•time'. b. Mr. Phelan requested the Council to adjourn to executive session to discuss the Thomas litigation at the conclusion of this meeting. D-3 City Administrator. a. Mr. White requested authorization'from*the Council t.o remove the delinquent account of Marvin France in the amount of $60; and the delinquent account of J. E. Murphy in the amount of $4.00 from the Accounts Receivable. MOTION: Councilman Bickford moved to authorize.the Staff to remove the delinquent accounts of Marvin France and J. E. Murphy from the Accounts Receivable. Councilman Bowen seconded.. Passed unanimously. b. Financial Report. Mr. White asked that the Financial Report for the period March 16 thru March 31, 1967, be deferred until the meeting of April 25 due to the fact that it was not prepared in time for the Council's full review. C. The Treasurer's Report for the period July, 1966 thru March 31, 1967, was presented to the Council. d. Mr. White stated.a request has been received from Maino Construction Company for a 30-day extension to complete the painting of the water tanks. This extension requested due to the rainy weather. MINUTES - MORRO BAY CITY COUNCIL April 11, 1967 Page Eight MOTION: Councilman Bowen moved to authorize a 30-day extension of the contract term to Maino Con- struction Company within which to complete the painting of the'water tanks. Councilman Bickford seconded. Passed unanimously.' e. Mr. White reminded the Council of the invitation to ride in the La Fiesta Parade in'San Luis Obispo on May 20: MOTION: Councilman Bickford moved to instruct the Staff to notify the Parade Committee that we will participate in'the La Fiesta'Parade. Councilman Bowen seconded. Passed unanimously. Councilmen Bickford and Keiser to attend.. CORRESPONDENCE: 1. Agenda for the meeting of the California.Navigation'Conference to be held April 14 in Newport Beach. 2. Legislative Bulletin from the League of California Cities dated March 30, 1967. 3. Letter dated March 28, 1967, from the Morro Bay Garden Club re: appreciation for assistance of the Public Works Department. 4. Copy of a memo from the Controller of the State of California re: Advance Apportionment of Vehicle License Fee Revenues for 1966-67 Fiscal Year. 5. Copy of a letter -from Centre d'Information La Prairie, Inc. C.P. 1, La Prairie,'Quebec, re: EXPO 67.1 6. Copy of memo from the. Controller of,the State of California re: Apportionment of'Trailer Coach Fees. 7. Letter of appreciation from W. T. Hailey of Fairbanks -Morse Co. 8. Letter of appreciation from Kiwanis Club.of Morro Bay -Estero re: Easter Sunrise Service. ' 9. Letter from The Secretary of Commerce re: Youth Opportunity. Campaign . 10. Letter from William B. & Claudine'Johnson re:, Garbage ordinance. 11. Notice from Morro Bay Chamber of Commerce re: special meeting to study Sign Ordinance. 12. Copy of minutes of Fish•& Game Commission Meetings held January 13 and March 3, 1967., 13. Copy of the Annual -Wildlife Management Unit Reports & Recommenda- tions for Antlerless Deer Hunts. MINUTES - MORRO BAY CITY COUNCIL April 11, 1967 Page Nine 14. Copy of the Agenda for the'meeting of the Harbors and Water- craft Commission to be held April 17. MOTION: Councilman Bowen moved that the correspondence be filed. Councilman Bickford seconded. Passed unanimously. ADJOURNMENT: Mayor Surfluh entertained a motion to adjourn to executive session., MOTION: Councilman Bowen moved to adjourn to executive session to discuss the Thomas litigation., Councilman Keiser seconded. Passed unanimously.. Meeting adjourned to executive session at 11:00 P.M. RECORDED BY: C. E�TE,CityClerk is MINUTES - MORRO BAY CITY COUNCIL Adjourned Executive Session April 11, 1967 Morro Bay Recreation Hall Meeting was called to order by Mayor Surfluh at 11:04 P.M. This meeting is an adjourned executive sessionfrom the regular meeting held this date. PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None Others present: Michael Phelan, City Attorney; C. Ted White, City Administrator. Discussion held relative to the pending litigation regarding Thomas, et al. vs. City of Morro Bay. A review in depth was given by Mr. Phelan regarding said litigation. No Council.action taken.on any matter at this time. MOTION: Councilman Bickford moved that the meeting be adjourned. Seconded by Mayor Surfluh. Passed unanimously. Meeting adjourned at 11:47 P.M. RECORDED BY: C. TED WHITE, City Clerk NOTICE OF SPECIAL MEETING Under the provisions of Section 54956 of the Government Code, NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council of the City of Morro Bay will be held on Friday, March 31, 1967 at 11:30 A.M. in the Morro Bay City Hall, 595 Harbor Street, Morro Bay, California to consider the following matter: 1. Final settlement agreement between the City of Morro Bay and the State of California. J. S. SURFLUH, Mayor City of Morro Bay March 29, 1967 � By: C. TED WHITE, City C erk MINUTES - MORRO BAY CITY COUNCIL Special Meeting March 31, 1967 11:30 A.M. City Hall Conference Room PRESENT: Councilmen Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: Councilman Bickford . Others present: C. Ted White, Michael J. Phelan Mayor Surfluh called the meeting to order at 10:33 A.M. and stated the purpose of the meeting is to consider the Final Settlement Agreement between the City of Morro Bay and the State of California Mr. Phelan, City Attorney, stated that the State Lands Division had specifically requested the Council to approve, by resolution, the Final Settlement Agreement which the Council had heretofore approved by Resolution No. 12-67, subject to staff approval of the metes and bounds description. Mr. Phelan stated the description and map have been prepared and the only change in the Agreement is the incorporation of Exhibit "A", Metes and Bounds Description, and Exhibit "B", the map. A map delineating the area encompassed by the Agreement was displayed and reviewed for the benefit of the Council: Councilman Bickford arrived at 10:40 A.M. Discussion held among members of'the Council. RESOLUTION NO. 37-67. RESOLUTION APPROVING FINAL SETTLEMENT AGREEMENT BETWEEN CITY OF MORRO BAY AND STATE OF CALIFORNIA AND AUTHORIZING THE MAYOR TO SIGN. City Attorney read Resolution No. 37-67 in its entirety. Discussion held regarding identifying the agreement. MOTION: Councilman Bickford moved for the adoption of Resolution No.. 37-67.' Councilman Keiser seconded., Roll call vote: passed unanimously. Further discussion held. MOTION: Councilman Keiser moved for adjournment. Councilman Bickford seconded. Passed unanimously. Meeting adjourned at 11:57 A.M. RECORDED BY: C. TED WHITE, City Clerk CITY OF MORRO BAY AGENDA - City Council Meeting March 28, 1967 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll call MINUTES: 1. Regular meeting of March 14, 1967 HEARINGS, APPEARANCES & REPORTS: A-1 Appearance of representatives of Fairbanks -Morse Co. re: Desalination Process INISHED BUSINESS: B-1 Approval of lease to Central Coast investors B-2 Lease to Golden Tee Resort, Inc. B-3 Report on status of lease payments, Lease Sites 97 to 99 B-4 Request of Morro Bay Yacht Club for use permit for Lease Sites 59 and 60 B-5 Improvement District No. 3 (Hiway 1 overpass north to Atascadero Road) NEW BUSINESS: C-1 Bid results for construction of Maintenance Yard Warehouse C-2 Bid results for Select System Project No. 32 C-3 Bid results for Select System Project No. 35 C-4 Set time and date for hearing on appeal of denial of sign permit INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report CORRESPONDENCE: ADJOURNMENT: CALENDAR 1. City Council Meetings: April 11 and 25, 1967 2. Planning Commission Meetings: April 4 and 18, 1967 3. Park & Recreation Commission Meeting: April 19, 1967 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting March 28, 1967 7:30 P.M. Morro,Bay Recreation Hall Meeting was called to order at 7:30 P.M. with the. Pledge of Allegiance. Mayor Surfluh gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None MINUTES: Minutes of the regular meeting of March 14 and special meeting of March 20, 1967 were considered by the Council. Mayor Surfluh asked if there were any corrections or,additions to be made to said minutes. MOTION: Councilman Bickford moved to dispense with the reading of the minutes and approve them as written. Councilman Keiser seconded. Passed unanimously. HEARINGS, APPEARANCES & REPORTS: A-1 Appearance of representatives of Fairbanks -Morse Co. re: Desalination Process Mr. White introduced Mr. Roger Murray and Mr. Bill Hailey of the Fairbanks -Morse Company to the Council. Mayor Surfluh stated the purpose of this appearance is to discuss the desalination process as developed by Fairbanks -Morse Company. Mr. Murray gave a brief background history of the Colt Manufacturing Company, of which Fairbanks -Morse Company is a part. Slides showing the construction and installation of two desalination units were shown and explained to the audience by Mr. Hailey, together with a scale model of a self-contained desalination unit. - Graphs showing different variables relating to the cost per thousand gallons were reviewed in depth for the benefit of the Council and those present. At the conclusion of the presentation by Mr. Murray and Mr. Hailey, questions were asked by members of the Council and staff.. Mayor Surfluh then stated the floor was open to those members in the audience who had questions to ask of Mr. Murray or Mr. Hailey. Several members of the audience asked questions relating to the desalination process. At the conclusion of the question and answer period, Mayor Surfluh thanked Mr. Murray and Mr. Hailey for making their presentation and MINUTES - MORRO BAY CITY COUNCIL March 28, 1967 Page Three Comments were heard from Glenn Kleinhammer and Dan Cooper, repre- sentatives of the Golden Tee, regarding the requirement to pay rent during construction and the use of the marina as proposed by the Golden Tee. MOTION: Councilman Keiser moved that theCityAttorney out- line some policies for the Council's_ consideration and review. No action taken at this time. Further discussion held among members of'the Council and staff relative to Paragraph 2 of the letter dated March 28, 1967, from Mr. Kardel relating to the use of the marina. MOTION: Councilman Bowen moved that we strike the words "by hotel guests"; "rental of boat slips", from Paragraph 2; thdt we go along with the rest of the recommendations in the letter dated March 28, 1967 received from the City Attorney; and that no rent be charged 'until such time as completion of Phase One, or October 1, 1967. Councilman Keiser seconded. Passed unanimously. It was the general consensus of the Council to authorize the City staff to proceed immediately in preparing a lease. MOTION: Councilman Keiser moved to authorize the City staff to prepare some policies regarding leases for the Council to review. Councilman Bowen seconded. Passed unanimously. B-3 Report on status of lease payments, Lease Sites 97 to 99 Mr. White stated a request had been received from Mr. Howard Eytcheson asking to be placed on the Agenda for this meeting. He further stated that payment for the delinquent account has not been received to date. Mr. Eytcheson reviewed what has happened since he leased Lease Sites 97 to 99 in July, 1962. He requested the Council, at this time, to accept his check in the amount of $702.00; the annual payment to e paid in July in the amount of $351; and the balance due to be paid by October 1, 1967. Discussion held by members of the Council and staff relative to Mr. Eytcheson's request. MOTION: Councilman Keiser moved that we do not accept Mr. Eytcheson's proposal. Councilman Bickford seconded. Further discussion held regarding whether this would create ship on Mr. Eytcheson, and Mr. Eytcheson stated he did have available but had planned to use it in a business venture. a hard - the money MINUTES - MORRO BAY CITY COUNCIL March 28, 1967 Page Two indicated the interest of the Council in gathering all available information relating to the supplemental sources of water available through the use of desalination processes. RECESS: 9:20 P.M. UNFINISHED BUSINESS: RECONVENED: 9:30 P.M. B-1 Approval of lease to Central Coast Investors Mr. White stated Central Coast Investors have returned three executed copies of the lease, and.stated it.f4ould be in order to pass a reso- lution approving the lease and,,authorizing the Mayor'to sign same. RESOLUTION NO. 27-67. RESOLUTION APPROVING LEASE TO CENTRAL COAST INVESTORS Resolution No. 27767 was read in its entirety. MOTION: Councilman Mallery moved for the adoption of . Resolution No. 27-67. Councilman Keiser seconded. Roll call vote: passed unanimously. Mr. White stated that due to the low bid received for'the.construction of the extension of Embarcadero and Atascadero Roads, of which Central Coast Investors is to participate, their share of the costs will be $10,549.35,.a savings of approximately $5,000.00 below the initial estimate. B=2 Lease to Golden Tee Resort,'Inc. Mr. White stated the members of the Council had received'a copy of a letter from Peter Kardel, City Attorney, relative to the terms and conditions for the lease to the Golden Tee. He further stated the letter from Mr. Fairbanks which was published in the local newspaper was incorrect and misleading and stated this matter should be clari- fied for the benefit of those present. A map showing the area to be filled, as advertised by Mr..Fairb'anks, was displayed and reviewed by Mr. White. Drawings of the actual area to be developed were then projected on the screen for the benefit of the Council and those present. Lengthy discussion ensued among members of the Council and staff rela- tive to the area to be developed, whether it was a proper use under the provisions of the Tidelands Grant and whether it should be put up for public bid. Discussion also held relative to the payment•of rent during construc- tion or allowing the Golden Tee to commence paying rent upon.completion of the construction. 9 MINUTES - MORRO BAY CITY COUNCIL March 28, 1967 Page Four Roll call vote: passed unanimously. At this time, Mr. Eytcheson presented Mr. White.with a check in the amount of $2„056.00 and requested that his ,check in the amount of $702.00 be returned to him.. Mr. White stated said check iiould be returned on Wednesday, March 29, 1967. „ B=4 Request of Morro Bay Yacht Club for Use Permit for Lease Sites.59 and 60 Mr. White presented each member.of the Council with a sketch showing the vacant lots,which are adjacent to the Yacht Club's present lo- cation, proposed to be used by the Yacht Club for.storage,.of small boats, etc. Mr. Whiterequesteda determination from the Yacht.Club.as to whether or not they wish to'use two• lease sites or the four lease sites which are adjacent to their.property'.. He also requested that the -Council direct an inquiry to the Planning Commission as to the type of use and requested the Yacht Club to make.its presentation to the Planning . Commission. Discussion was held regarding the'type of structure to be constructed, and the amount of rent to be charged to the Yacht Club for these, two lease sites. Discussion also held -regarding a permanent location for the Yacht Club. Mr. White recommended that Mr. Carnegie meet with his membership and get a determination regarding the cost of the lease sites and report back to staff for presentation at the next Council meeting. B-5 Improvement District No. 3 Proceedings . A map delineating the location of the Improvement District was presented to the Council for their consideration. Mr: White requested,a minute. order to file the Boundary Map. MOTION: Councilman Bickford moved that the Boundary Map be, filed.. Councilman Bowen seconded.' Passed.unanimously.'. RESOLUTION NO. 28767. RESOLUTION APPROVING BOUNDARY MAP Mr. White read Resolution No-. 28=67 in its. entirety:. MOTION: Councilman Keiser moved for the adoption of, Resolution No. 28-67. Councilman'Bickford seconded. Roll call vote': passed unanimously. RESOLUTION NO., 29-67': RESOLUTION OF PRELIMINARY DETERMINATION' OF LEGISLATIVE BODY UNDER "SPECIAL'ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931." Resolution No 29-67- was..read .in its entirety.' MOTION: Councilman Bickford moved that Resolution No. 29-67 be.adopted. Councilman Keiser seconded. .Roll call vote: passed unanimously. MINUTES - MORRO BAY CITY COUNCIL March 28, 1967 Page Five RESOLUTION NO. 30-67. RESOLUTION APPOINTING ENGINEER OF WORK AND AUTHORIZING EXECUTION OF AGREEMENT.. Mr. White summarized'the Agreement for the benefit of the Council and those present. Resolution No. 30-67 was then read in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 30-67. Councilman Bickford seconded. Roll call vote: passed unanimously. RESOLUTION NO. 31-67. RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT. Mr. White summarized the Agreement for the benefit of the Council and those present. Resolution No.' 31-67 was then read in its entirety. MOTION: Councilman Bowen moved for the adoption of Resolution No. 31-67. Councilman Bickford seconded. Roll call vote: passed unanimously. RESOLUTION N0. 32-67. •RESOLUTION DIRECTING PREPARATION OF INVESTIGATION REPORT. Mr. White read Resolution No. 32-67 in its entirety. MOTION: Councilman Keiser moved for the.adoption of Resolution No. 32-67. Councilman Bickford seconded. Roll call vote: passed unanimously. NEW BUSINESS: C-1 Bid results for construction of Maintenance Yard Warehouse Mr. White stated the low bid was received from R. D. Gray and D. B. Buss Construction Company in the amount of $6,897.00. RESOLUTION NO. 33-67.' RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF MAINTENANCE YARD WAREHOUSE. Mr. White read Resolution No. 33-67 in its entirety. MOTION:. Councilman Keiser moved.for'the adoption of Resolution No. 33-67. Councilman Bickford seconded. Roll call vote: passed unanimously. C-2 Bid results for Select 'System Project No. 32. Mr. White stated the low bid was received from Ted Watkins Construction Company in the amount of $6,324.00. 0 MINUTES - MORRO BAY CITY COUNCIL March 28, 1967 Page Eight 8. Statement of Policy & Water Quality Objectives received from the Central Coastal Regional Water Quality Control Board. 9. Notice of Public Hearing on water quality control policies for interstate waters of California. 10. Copy of the minutes of the Harbors & Watercraft Commission meeting held February 20, 1967. 11. Copy of the fully executed Agreement for Maintenance of.State Highways within the City of Morro Bay dated March 21, 1967. 12. Legislative Bulletin from the League of California Cities dated March 23, 1967. 13. Letter to the Mayor from the United Nations Association of the United States of America re: UN Day 14. Letter from Scenic Coast Board of Realtors,assigning Ken Jacobs to committee to study sources of new revenue. 15. Letter from Greater Morro Bay Habbor Development Association assigning Joseph Giannini to committee to study sources of new revenue. 16. Copy of booklet "Highways Newsletter" received from the Division of Highways. 17. Copy of the Agenda for.the Fish & Game Commission meeting to be held April 7. 18. Copy of minutes of Fish &Game Commission meeting held December 9, 1966. MOTION: Councilman Bowen moved that the correspondence be filed. Councilman Keiser seconded'. Passed unanimously.. ADJOURNMENT: MOTION: Councilman Bowen moved that the meeting be ad- journed. Councilman Bickford seconded. Passed unanimously. Meeting adjourned at 12:02 A.M. RECORDED BY: C. TED WHITE, City Clerk MINUTES - MORRO BAY CITY COUNCIL March 28, 1967 Page Seven MOTION: Councilman Mallery moved for the adoption of Resolution No. 36-67. Councilman Bickford seconded. Roll call vote: passed unanimously. C-6 Mr. White stated a letter was received from the Post - Added) master, Miss Dorothy Birkhead, regarding mail service in the Atascadero Beach Subdivision. He recommended that this be referred to staff for report back. MOTION: Councilman Bickford moved to refer this to staff for report back. Councilman Bowen . seconded. Passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council - Nothing at this time „ D-2 City Attorney - Nothing at this time D-3 City Administrator (a) Financial Report for the period March 1 thru March 15, 1967 MOTION: Councilman Bickford moved for the approval of the Financial.Report for the period March 1 thru March 15, 1967. Mayor Surfluh seconded. Roll call vote: passed unanimously. CORRESPONDENCE: 1. Notice of meeting of California Navigation Conference to.be held April 14, 1967 in Newport Beach. Mr. White notified the Council that he and Mr. Spellacy will attend this meeting. 2. Letter re: garbage service from Mr. & Mrs. Floyd Webster 3. Letter re: garbage service from Marvin Cothran 4. Notice from the California State Chamber of Commerce re: meetings of the Highway Projects Study Committee to be held in San Luis Obispo on April 6. 5. Letter of invitation addressed to Mayor Surfluh from the Cayucos Chamber of Commerce to participate in the July 4th celebration parade. 6. Letter from County Department of Administrative Management re: library services. 7. Letter from County Clerk re: cost for County -owned voting machines. MINUTES - MORRO BAY CITY COUNCIL " March 28, 1967 Page Six RESOLUTION NO. 34-67. RESOLUTION AWARDING CONTRACT FOR STREET IMPROVEMENTS S. S. PROJECT NO. 32) Resolution No. 34-67 was. read in its entirety:.. MOTION: Councilman Keiser moved for the adoption of Resolution No. 34-67. Councilman Bickford seconded. Roll call vote: passed unanimously. C-3 Bid results for Select System Project No. 35 Mr. White stated the low'bid was'received from M. J. Hermreck Company in the amount of $34,203.35. RESOLUTION NO. 35-67.• RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF ROAD IMPROVEMENTS (S. S. PROJECT NO. 35) Resolution No. 35-67 was read'in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution -No. 35-67. Mayor Surfluh seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser.& Mayor Surfluh NOES: Councilman Mallery C-4 Set time & date for hearing on appeal of denial of sign permit Mr. White stated a letter was.received from City Neon appealing'the decision of the Planning Commission. He further stated Mr. Little has contacted Mr. Bruce, owner of the property in question, who, has agreed to remove all existing signs if they are given permission to install the questioned neon sign. Mr. White requested that this appeal be deferred and referred back to the Planning Commission. MOTION: Councilman Mallery moved to defer this matter back to the Planning Commission. Councilman Keiser seconded. Passed unanimously. OTHER BUSINESS: C-5 RESOLUTION NO. 36-67. RESOLUTION REQUESTING THE STATE (Added) LEGISLATURE TO AMEND THE "MAYO-BREED" FORMULA FOR THE ALLOCATION OF STATE GASOLINE TAXES. MOTION: Councilman Mallery moved that Resolution No. _ 36-67 be read by title only. Councilman Bickford seconded. Roll call vote: passed unanimously: Resolution No. 36-67 was read by title only. NOTICE OF SPECIAL MEETING Under the provisions of Section 54956 of the Government Code, NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council of the City of Morro Bay will be held on Monday, March 20, 1967, at 7:30 P.M. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to consider the following matter: 1. Budget conferences regarding salaries for fiscal year 1967-68 Dated: March 15, 1967 J. S. SURFL Mayor ✓City of Mor3ff Bay, California MINUTES - Morro Bay City Council Special Meeting March 20, 1967 7:30 P.M. Morro Bay Recreation Hall Mayor Surfluh called the meeting to order at•7:33 P.M. PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None Also present were C. Ted White, City Administrator; and Carl Ludeman, Director of Finance/City Treasurer. Mayor Surfluh stated this was a Special meeting of the City Council to consider the budget relative to salaries for, the fiscal year 1967-68. Mr. White stated that copies of the "Proposed Salary Program" have been presented to the Council for their consideration and reviewed said Salary Program for the benefit of the Council and those present. Mr. White requested the City Council to consider the proposal as presented for their review and action. Discussion was held regarding the salary schedule as it compares to other cities in the Tri=County area. Discussion held regarding a blanket percentage increase justified by a rise in the cost of living as reflected in the Consumer Price Index for all employees and the need'for this increase. It was further recommended and requested that the Maintenance Man I classification be eliminated.from the position classification plan, with those currently classified in that position assigned to Mainten- ance Man II classification. Mr. White stated this position should be changed to 'Maintenance Man' only. Discussion held relative to this request. Mr. White requested consideration of one other reclassification and this relates to the duties ,of Stenographer as compared to Legal & Administrative Secretary. The duties and responsibilities of each position were reviewed for the benefit of the Council and those present, and Mr. White stated the Stenographer assigned to the'Administration Department currently meets and exceeds the job duties and responsibilities of a Legal & Adminis- trative Secretary. Mr. Fred Oakes, representing the Morro Bay City Employees Association, stated the Association endorses the salary recommendations as proposed by the staff. Further discussion held. Councilman Keiser asked Mr. John O'Malley,.Manager of the San Luis Obispo County Employees Association, to speak to the Council regarding the proposed salary recommendations as presented tonight. MINUTES - Morro Bay City Council Special Meeting - March 20, 1967 Page Two Mr. O'Malley stated he felt the salary recommendations as proposed were proper and in order and commended the Council for taking steps to raise the standard of living of their employees. He commented favorably on the procedures followed by the Council and the full and complete explanation made for the benefit of those present. Lengthy discussion ensued regarding, an across-the-board percentage increase in salaries versus a complete salary review and adjustment of the existing position classification plan. MOTION: Councilman Keiser moved for the 5.8% across- the-board increase this year, and requested that the Mayor appoint a committee to work on the position classification plan so that a review may be made. Discussion held regarding the reclassification of Maintenance Man I to Maintenance Man II. Mr. White requested that a separate motion. be made for said reclassification. Councilman Bowen seconded the aforementioned motion. Mr. White suggested to Councilman Keiser that she amend her motion to refer to the increase in salary as the "Proposed Salary Program" dated March 20, 1967, for idenitification purposes. Councilman Keiser concurred, as did Councilman Bowen. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery MOTION: Councilman Bowen moved to accept the proposal for reclassification of Maintenance Man I to Maintenance Man II, and the reclassification of Stenographer to Legal & Administrative Secretary. Councilman Bickford seconded. Roll call vote: passed unanimously., ' , . Mr. White suggested the committee, as proposed by Councilman Keiser, consist of two members of the Council, City Administrator, Director of Finance, and representatives of the Employees Association. Mayor Surfluh to appoint a committee. Discussion was held relative to the function of this committee. Mr. White asked the Council, at this time, to consider the salary program relating to individual departments. The purpose -in pre- senting this in this manner is to enable the Council to consider these requests prior.to future budget conferences. It is presented for Council study and review. Each department head will make his formal presentation at departmental budget conferences. These are not to be considered the recommendations of the Administrative Staff as these will be presented in the Preliminary Budget. MINUTES - Morro Bay City'Council Special Meeting - March 20, 1967 Page Three Chief Rieger of the Fire Department was asked to make his presentation to the Council. He requested authorization to appoint an additional Captain,'at no additional cost for the coming fiscal year, to provide more depth of command. Said appointment to be made after competitive examination of existing personnel. Mr. White stated that the creation of a new Captain's position.is a request for an interior adjustment in the Fire Department to allow more depth in the department to insure more and better fire pro- tection without additional cost to the City. MOTION: Councilman Bickford moved to authorize a Fire Captain to be appointed after examination of qualified firemen, and that he be appointed at an equal step in the salary range. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Mallery & Mayor Surfluh NOES: Councilman Keiser Mr. White then asked Police Chief Holeman to make his presentation to the Council. Chief Holeman presented each member of the Council with a copy of his proposal for additional personnel. He stated-he'is again asking the Council to authorize his original request of 16 personnel for his department, which would be an additional 4 people. Discussion held. No Council action taken at this time. Mr. Spellacy, Director of Public Works, requested a reclassification of job title,with no salary increase, for Doug Stuart from Water Superintendent to Public Works Superintendent, whichHould give more depth in Public Works. Mr. Spellacy requested a title change for the employees at the Wastewater Treatment Plant from Maintenance Man to Utility Plant Operators. He stated he is also requesting an -additional two men,in the Public Works Department to give more depth; an additional Harborman for the Harbor Department; and a Senior.Engineering Aide for Public•Works - Administration Department. No Council action was taken on the requests of Mr. Spellacy at this time. Mr. White stated the next item to be considered by the Council relates to the budget hearings which are scheduled to be between April MINUTES - Morro Bay City Council Special Meeting - March 20, 1967 Page Four 11 and May 9. He asked that the Council consider Monday and Friday nights as those are the only available nights open for -use of the Recreation Hall. There being no further business to come before the Council,'Mayor Surfluh entertained a motion to adjourn MOTION: Councilman Bowen moved that the meeting be adjourned. Councilman Bickford "seconded. Passed unanimously. Meeting adjourned at 9:20 P.M. RECORDED BY: C. TED WHITE, City Clerk— CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 14, 1967 7c30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll call MINUTES 1. Regular meeting of February 28, 1967 HEARINGS, APPEARANCES & REPORTS A-1 Appearance of representative of the Morro Bay Yacht Club UNFINISHED BUSINESS B-1 Lease to Central Coast Investors B-2 Letter from H. Eytcheson re: Lease Sites 97, 98 & 99 B-3 Improvement District No.•3 proceedings NEW BUSINESS C-1 Request for approval of plans and specifications, S. S..Project No. 34, Construction on Street Improvements on Harbor Street C-2 Request for approval of plans and specifications, S. S. Project No. 36, Drainage Structure, Main St. & Las 'Vegas St. . C-3 Resolution approving grant of Use Permit Ito Kiwanis Club of Morro Bay -Estero to conduct Easter Sunrise Services C-4 Resolution of intention to hold a public hearing on the adoption of a Sign Ordinance C-5 Request for approval of sublease from Mildred Gralain, Lease Sites 93 to 95- C-6 Request for approval to allow rental of Harbor lease for residential occupancy C-7 Invitation to participate in "Youth in Government Day" from San.Luis Obispo Lodge No. 322, B.P.O.E. C-8 Request authorization to replace motor in Harbor Patrol Boat' INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial Report b. Treasurer's Report CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: March 28 and April 11, 1967 2. Planning Commission Meetings: March 21 and April 4, 1967 3. Park &_Recreation Commission Meeting: March 15, 1967 • 6 MINUTES - MORRO BAY CITY COUNCLL Regular Meeting March 14, 1967 7:30 P.M. Morro Bay Recreation Hall Meeting was called to order at 7:32 P.M. with the Pledge of Allegiance. Mayor Surfluh gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Keiser;.Mallery & Mayor Surfluh ABSENT: None MINUTES: Minutes of the regular meeting of February 28, 1967, were considered by the Council. Mayor Surfluh asked if there were any corrections to be made to said minutes. MOTION: Councilman Bickford moved to dispense with the' reading of the ,minutes and approve. them as written. Councilman'Bowen seconded: Passed unanimously. HEARINGS, APPEARANCES & REPORTS: A-1 Appearance of representative of Morro Bay Yacht Club Mr. white read a letter received from the Morro Bay Yacht Club re- questing time on the Agenda.' Mr. Ed Carnegie, representative of the Morro Bay Yacht Club, was present and he stated the Club is requesting a Use Permit for the two lots south of the present Club location to construct a temporary storage structure for small boats. MOTION: Councilman Keiser moved that the Attorney see if this is feasible and, if so, to grant a limited time on this Use Permit.to the Yacht Club. Mr. Phelan, City Attorney, recommended that this be referred to staff for report back at the next meeting. Motion died for lack of a second. MOTION: Councilman Keiser moved to refer this to staff for report back at the next meeting. Councilman Bowen seconded. Passed unanimously. UNFINISHED BUSINESS: B-1 Lease to Central Coast Investors Mr. Phelan stated he had talked with Ray Gallo, Attorney for Central MINUTES - Morro Bay City Council Regular Meeting - March 14, 1967 Page Two Coast Investors, and there'were only two minor changes requested. The first related. to the fact that the proposed lease referred to Central Coast Investors as a 'General Partnership' and that they have a recorded declaration in the County'* Recorder's Office as a 'Limited Partnership'. They requested that the lease be changed accordingly. Mr. Phelan reviewed the difference between 'General' and 'Limited' Partnership for the benefit of the Council and those present. _He stated it would be appropriate -to delete the word 'General' and insert the word 'Limited' in the lease document. The second matter related to the restriction that no permanent structures be placed on the northerly 300.feet of the leased premises. He stated that after review by the staff, it was determined that the entire 300 feet is not needed and that 250 feet would be adequate, thus allowing Central Coast Investors to use the additional 50 feet to meet their development plan. Mr. Phelan recommended that a sketch map be included as an addenda to the lease document. Mr. Phelan suggested that the Council, by Minute Order, direct the staff to transmit the original and two copies of the lease to Central Coast Investors for execution by them within a limited period. On return of the lease, executed by Central Coast Investors, it will be presented to the Council to authorize the Mayor to sign same.for and on behalf of the City. MOTION: Councilman Bickford moved that the word 'General' be changed to 'Limited'; that '300 feet' be changed to '250 feet' on Page 12; that a sketch map be in- cluded as an addenda to the lease; and.that.the City Attorney be authorized to transmit the original and two copies of the lease to Central Coast In- vestors for execution. Councilman Bowen seconded. Discussion held relative to the time period within which Central Coast Investors is to return said executed lease document. MOTION: Councilman Bickford amended his motion to include that Central Coast Investors is to return the executed lease documents by March 28, 1967. Councilman Bowen seconded the amended motion. Passed unanimously. B=2 Letter from Howard Eytcheson re: Lease Sites 97, 98 & 99 Mr. White stated copies of Mr. Eytcheson's letter had been presented MINUTES — Morro Bay City Council Regular Meeting - March .14,.1967 .. Page Three to the Council for their -consideration. He further stated that if Mr. Eytcheson's request to pay his delinquent payments over a period of time is granted; that a'definite time period be.specified within which he is to pay His account in full. Lengthy discussion ensued by and between members of the Council and City Administrator regarding Mr. Eytcheson's request. MOTION: Councilman Bickford moved that we inform Mr. Eytcheson that the proposal for extending these past -due payments over an extended period of time is not acceptable to the Council, and that -we set a deadline of March 28, 1967, 2 weeks from tonight, for the payment of this past - due bill for Lease Sites 97, 98 & 99, land and water. Councilman Keiser asked that it be made quite clear that this payment is to be in full. Councilman Bickford concurred. Councilman Keiser seconded. Passed unanimously. B-3 Improvement'District No. 3 Proceedings Mr.. White asked.that this be deferred to March 28, 1967, due'to the fact that all the information needed has not been received from the special bond counsel. NEW BUSINESS: C-1; C-2 Request for approval of plans & specifications, S. S. Project No. 34, Construction of Street Improvements on Harbor St.; Request for approval of plans &specifications, S. S. Project No. 36, Drainage Structure, Main St. & Las Vegas St. Mr. White reviewed Select System Project No. 34 for the benefit of the Council and those present, and'stated the Engineer's Estimate is $29,378.50. 'He further stated that property owners on Harbor Street who reside in the vicinity of the -project will be contacted to deter- mine if they will be willing to participate in installing 'curbs, gutters and sidewalks. He stated Select System Project No. 36, Item C-2 on the Agenda, will be bid with Select System Project:No. 34, and reviewed the nature of this'. project. He further stated 'this is a budgeted item, planned for in- stallation this year. The Engineer's Estimate for Select System Project No. 36 is $2,608.55. ' RESOLUTION NO. 23-67. RESOLUTION APPROVING PLANS AND AUTHORIZING ADVERTISEMENT FOR BID FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON HARBOR STREET, FROM MAIN ST.' TO PINEY WAY (S. S. PROJECT NO. 34) Mr. White read Resolution No. 23-67 in its -entirety. MINUTES - Morro Bay City Council Regular Meeting - March 14, 1967 Page Four MOTION: Councilman Bickford moved for the adoption of Resolution No. 23-67. Councilman Keiser seconded'. Roll call vote: passed unanimously. RESOLUTION NO. 24-67. RESOLUTION APPROVING PLANS AND AUTHORIZING ADVERTISEMENT FOR BID FOR'THE CONSTRUCTION OF A DRAINAGE STRUCTURE ON MAIN STREET AT LAS VEGAS STREET (S. S. PROJECT NO. 36) Mr. White read Resolution No. 24-67 in its entirety. MOTION: Councilman Bickford 'moved for the adoption of Resolution No. 24-67. Councilman Bowen seconded. Roll call vote: passed'unanimously. C-3 RESOLUTION NO. 25-67. RESOLUTION APPROVING GRANT OF USE PERMIT TO THE KIWANIS CLUB OF MORRO.BAY-ESTERO TO.CONDUCT EASTER SUNRISE SERVICES Mr. White stated the Kiwanis Club has again asked for permission to conduct Easter Sunrise Services at Morro Rock on Easter Sunday. Resolution No. 25-67 was then read in its entirety. MOTION: Councilman Bowen moved for the adoption of Resolution No. 25-67. Councilman Bickford . seconded. Roll call•,vote passed unanimously. C-4 RESOLUTION NO. 26-67. RESOLUTION OF INTENTION TO HOLD.A PUBLIC HEARING ON THE ADOPTION OF A SIGN ORDINANCE FOR THE CITY OF MORRO BAY Mr. White stated the Planning Commission has spent many hours.in the preparation of a comprehensive sign ordinance and they now wish to present it to the Council for their consideration and public hearing. Planning Commission Resolution No., 1-67, RESOLUTION RECOMMENDING THE ADOPTION OF A SIGN ORDINANCE,- was read in its entirety by Mr.'White,., who stated it would be in order for the Council'to consider setting a time and date to hold a public,hearing regarding the matter of adopting a comprehensive sign ordinance. Resolution No. 26-67 was then read in its'entirety. 'It was. -the staff recommendation that the date of April 25, 1967, be set for the public hearing. • MOTION: Councilman Mallery moved for the adoption of Resolution No. 26=67. Councilman'Reiser seconded. Roll.call vote: passed unanimously.,' L7 MINUTES - Morro Bay City Council Regular Meeting - March 14, 1967 Page Five Discussion held relative to a meeting place that would accomodate more people for said public hearing. No action taken at this time. C-5 Request for approval of sublease from Mildred Graham, Lease Sites 93 to 95 Mr. White stated a copy of the proposed sublease has been presented to the Council for their consideration.. Mr. Phelan reviewed the sublease for the benefit of the Council and those present, stating said sublease seems to be.proper. MOTION: Councilman Mallery moved that we approve the sublease by and between Mrs. Mildred Graham and Louise.Tyler. Councilman Keiser seconded. Passed unanimously. C=6 Request for approval to allow rental of Harbor lease site for residential occupancy' Mr. White reviewed the request of Mrs. Martel Maltby to allowa resi- dential occupancy on a Harbor lease: He stated there is no justifi- cation for allowing this rental as it does hot'conform to the provisions of the Tidelands Trust, or of the allowed use 'under the terms of the lease. Discussion held among members of the Council. MOTION: Councilman Bowen moved that this request be denied. Councilman Keiser seconded'. Passed unanimously. Councilman Bickford suggested that a letter be written to. Mrs. Maltby setting forth the reasons why her request was denied. C-7 Invitation to participate in "Youth in Government Day" from San Luis, Obispo Lodge No. 322, B.P.O.E. Mr. White stated we participated in the "Youth in Government Day" last year as sponsored by the Elks Club and the local schools. -He requested permission from the Council.to allow us to participate in "Youth in Government Day" again this year.on May 1. • MOTION: Councilman Bowen moved to authorize the City to participate in "Youth In Government Day" on May 1, 1967. .Councilman Bickford seconded. Passed. unanimously. MINUTES - Morro Bay City Council Regular Meeting - March 14, 1967 Page Six C-8 Request authorization to replace motor in Harbor Patrol Boat Mr. Spellacy, Director of Public Works, stated the present Harbor Patrol Boat engine is in need of extensive repairs. Due to this fact, quotations were requested from various boat supply companies on 2-cycle and 4-cycle engines. The low quotation was received from Jerry's Boat Den of San Luis Obispo in the amount of $1,457 for a 4-cycle engine and $1,023 for a 2-cycle Johnson engine. Mr. Spellacy stated this price includes installation, and that all those furnishing quotations had recommended the use of the 4-cycle engine as being more suitable for the type of use. He also reviewed the savings in cost.of fuel that could be realized with a 4-cycle engine. Mr. White stated this amount is in the Harbor account, it being budgeted for decking and painting the dock, or funds could be trans- ferred from the Reserve for the purchase of the engine. Councilman Mallery reviewed the quality, performance and' specifications of each engine for the benefit of the Council and those present and recommended the 2-cycle engine over the 4-cycle'engine. Discussion held in depth among members of the Council. MOTION: Councilman Bickford moved to authorize a budget transfer in the amount of $1,023 for the pur- chase of the 2-cycle Johnson engine as quoted by Jerry's Boat Den. Councilman Bowen seconded. Passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council: Nothing at this time D-2 City Attorney (a) Mr. Phelan gave a report on the possibility of using a collection agency to collect delinquent accounts. He stated he had attempted to contact Mr. Rice of the San Luis Obispo Credit Bureau but was unable to do so prior to tonight's meeting. He will again make a report at the next regular Council meeting. (b) Mr. Phelan stated the lease for the Golden Tee is being prepared and will be presented to the Council for.their consideration at the next regular Council meeting. (c) Mr. Phelan asked the Council to adjourn to executive session at the conclusion of this meeting to discuss the Thomas litigation. D-3 City Administrator (a) Financial. Report for the period February 16 thru February 28, 1967. MINUTES - Morro Bay City 'Council' , Regular Meeting - March 14, 1967 Page Seven MOTION: Councilman Bickford moved for the approval of the expenditure report for the period February 16 thru February 28, 1967. Councilman Keiser seconded. Passed unanimously. (b) The Treasurer's Report for the period July, 1966 thiu February, 1967 was presented to the Council. (c) Mr. White asked for a Council determination for setting dates for the Budget Calendar. He also asked that the Council consider possible afternoon meetings for the budget conferences beginning in April. After discussion, it was determined that the date for considering the salary recommendations would be set for March 20 at 7:30'P.M. in the Recreation Hall. CORRESPONDENCE: 1. Letter of appreciation to the Fire Department from R. H. Edwards re: rescue. 2. Letter from the Highway One Association requesting a $100.00 allocation for community promotion. MOTION: Councilman Bowen moved that the $100 allocation be approved. Councilman Bickford seconded. Passed unanimously. 3. Copy of the agenda & minutes of the meeting held February 7 of the San Luis Obispo County Water Resources Advisory Committee. 4. Copy of a letter.from Claude Bourne to the Planning Commission re: the Sign Ordinance. 5. Copy of a letter & 1967 edition of "Water Resources Develop- ment by the U. S. Army Corps of Engineers.in California" from the Department of the Army, Corps of Engineers. 6. Copy of a Proclamation re: "Demolay Week" 7. Letter from City Clerk of the City of San Clemente,.together with a copy of a resolution re: Urging citizens to show a greater respect for law & order to deter increasing criminal activity and urging legislative reconsideration for just -and fair adjudication of persons convicted,of acts contrary to society. 8. Copy of the minutes of the Morro Bay Chamber of Commerce meeting held March 6, 1967. 9. Letter from District Attorney James W. Powell re: need for adequate police personnel. MINUTES - Morro Bay City Council Regular Meeting - March 14, 1967' Page Eight 10. Copy of a letter from Planning Commissioner Maurice Bertie to the Chamber of Commerce re: Sign.Ordinance. 11. Copy of Board Order No. 23 of the County Board of Supervisors re: resolution of City of Morro Bay for establishment of extended area telephone dialing service. 12. Copy of a letter and brochure from the Southern California Regional Association of County Supervisors re: revision of the Mayo -Breed Formula. MOTION: Councilman Keiser moved that a resolution be prepared supporting said revision. Councilman Bowen seconded: Passed unanimously. . 13. Letter from,the Morro Bay Taxpayers' Association re: representative for sessions on finding new sources of revenue for.the city. MOTION: Councilman Bowen moved that the correspondence be filed. Councilman Bickford seconded. Passed unanimously. ADJOURNMENT: fi MOTION: Councilman Bickford moved to adjourn to'executive session. 'Councilman Bowen seconded. Passed unanimously. Meeting adjourned at 9':08 P.M. RECORDED BY: 0 )Jg;P_ C. TED WHITE, City Clerk INITIAL G, REi uCi, e S. 3 L:IC, z • MINUTES MORRO BAY CITY COUNCIL Adjourned Executive Session March 14, 1967 . 9:.20 P.M. Morro Bay Recreation Hall ` Mayor Surfluh called the executive session to order at _9:20. P.M. The purpose of this meeting was -to discuss pending litigation in the Harbor area, and this meeting was requested by Michael -Phelan of the City Attorney's Office. ROLL CALL PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None Also Present: Michael Phelan, City Attorney; C. Ted White, City Administrator. Mayor Surfluh then asked Mr. Phelan to make his presentation to the Council. Mr. Phelan submitted information to the Council relative to the claims of Ogle, Caratan and Nelson that have been filed on Harbor property south of South Street to and including Lot 7, Block 1 of Morro Rock Park Tract. Actions of the City relating to these claims was sub- mitted for review. The status of the existing claims were explained fully for the benefit of those present. No Council action required . at this time. Mr. Phelan then presented for the Council's review and comment a proposed draft of an agreement with Mr. Robert Wiegel, Oceanographer. The agreement was discussed in depth. MOTION: Councilman Mallery moved that a letter be sent to Robert Wiegel submitting the agreement for his approval and signature. Seconded by Council- man Bickford. Roll call vote: unanimously passed. Mayor Surfluh entertained a motion to adjourn. MOTION: Councilman Bowen moved that this -meeting be adjourned. Seconded by Councilman Keiser. Passed unanimously. Meeting adjourned at 10: 3-0 pan. RECORDED BY: C. TED WHITE, City Clerk. 160 MINUTES - CITY COUNCIL Regular Meeting & Executive Session February 28, 1967 9:42'P.M. Morro Bay Recreation Hall Meeting was called to order at 9:42 P.M. by Mayor Surfluh. This meeting was adjourned from the regular meeting held this date for the purpose of discussing pending litigation. PRESENT: Councilmen Bickford, Bowen, Mallery & Mayor Surfluh ABSENT: Councilman Keiser Mr. Phelan, City Attorney, was then asked to proceed with matters to be brought to the attention of the City Council. Discussion was held in depth regarding the litigation that the City'is.now involved in. After lengthy discussion the following motion was made: MOTION: Councilman Mallery moved.t6 authorize the City. Attorney to enter into negotiations with R. L. Wiegel for services to be provided this City subject to the approval of the Council, and that he also be.authorized to contact various State agencies and officials to ask for their assist- ance in defending title to the tidelands grant. Seconded by Councilman Bickford. Roll call vote: unanimously passed. There being no further matters to be brought before the Council, Mayor Surfluh entertained a motion to adjourn. MOTION: Councilman Bowen moved that the meeting be adjourned. Councilman Bickford seconded. Passed unanimously.. Meeting adjourned at 10:55 P.M. RECORDED BY: 0, C. TED WHITE, City Clerk CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 28, 1967 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Special meeting of February 10, 1967 2. Regular meeting of February 14, 1967 HEARINGS, APPEARANCES & REPORTS A-1 Report on 1911 Improvement District Acts UNFINISHED BUSINESS B-1 Letter from Board of Supervisors relating to Sales Tax B-2 Matter regarding delinquent lease payments, L.S. 97-99, 97W-99W B-3 Ordinance No. 59, "Camping" (second reading) B-4 Resolution Granting Conditional Use Permit to Golden Tee Resort NEW BUSINESS C-1 Request approval of plans & specifications for street construction, Morro Bay Blvd. & Main St., S.S. Project No. 32 C-2 Letter of resignation from Planning Commission from John Fleming C-3 Letter of invitation from City of Paso Robles 1. C-4 Request for approval of sublease from L. K. Jordan, L.S. 50-50W C-5 Request authorization to advertise sale of used automobile and tractor INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Administrator a. Financial Report D-2 City Attorney D-3 City Council CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings: March 14 and 28, 1967 2. Planning Commission Meetings: March 7 and 21, 1967 3. Park and Recreation Commission Meeting: March 15, 1967 MINUTES - Morro Bay City Council Regular Meeting February 28, 1967 '7:30'P:M. Morro Bay Recreation Hall Meeting was called to order at 7:35 P.M. with the'%Pledge of Allegi- ance. Mayor Surfluh gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Mallery & Mayor Surfluh ABSENT: Councilman Keiser MINUTES: Minutes of the Special meeting of February 10 and .the Regular meeting. of February 14, 1967; were considered by the Council. Mayor Surfluh asked if there were any corrections to be made to said minutes. There being none, Mayor Surfluh entertained.a motion.to dispense with the reading of the minutes. MOTION: Councilman Bickford moved to dispense with the reading of the minutes and approve them as written. Councilman Bowen seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS: A-1 Report of 1911 Improvement District Acts ' The City Administrator and City Attorney reviewed.the Short Assess- ment Procedure of the 1911 Improvement District Act and the various Improvement District Acts that were available for dse by the'City to provide for improvements. A detailed analysis of the different methods available was given by Mr. Phelan.. I , Mr. White stated a request has been received by the City for Improve- ment District No. 3 in the vicinity of the underpass on Main Street north to Atascadero Road and easterly of the 'frontage road. This information has been submitted to Sturgis, Den-Du1k, Douglass and Anderson and a -report will be made at the next regular Council meeting. Mr. White requested authorization to proceed with the'Short Assessment Procedure to install improvements on the south side of Atascadero Road which has over 60 percent of the improvements installed at this time. Lengthy discussion heldamong members of the Council, City Adminis- trator and City Attorney regarding this matter. MOTION: Councilman Bickford moved that the staff be in- structed to proceed with cost estimates and engineering required for initiation of the Short Assessment Proceedings on Atascadero Road. Councilman Bowen seconded., Roll call vote: MINUTES - Morro Bay City Council February 28, 1967 Page Two AYES: Councilmen Bickford, Bowen, and Mayor Surfluh NOES: Councilman Mallery ABSENT: Councilman Keiser Mayor Surfluh asked if anyone in the audience had any -questions relative to this matter. There were none. UNFINISHED BUSINESS: B-1 -Letter from Board of Supervisors relating to Sales Tax Mr..White stated this matter was deferred from the meeting of February 14, 1967, and again reviewed the letter received from Mr. B. D. Conrad, Jr., County Administrative Officer, wherein the City of Morro Bay was asked to share its sales tax with.the County of San Luis Obispo. Mr. White stated it was the recommendation of the City staff that we notify the Board of Supervisors that we are not, willing to enter into an agreement whereby we would share revenue with the County. Discussion held among members of the Council. MOTION: Couricilman•Bickford moved that a letter be written to the Board of Supervisors indicating our unwilling- ness to participate in this tax sharing plan. .Seconded by Councilman Bowen. Passed unanimously. B-2 Matter re: Delinquent.lease payments, LS 97-99 and 97W to 99W Mr. Phelan stated that, at the direction of the City Council, the City Attorney's office notified Mr. Eytcheson, lessee of Lease Sites 97 to 99 and 97W to 99W, that if the back rent was not paid within 15 days the City would be compelled to declare the lease cancelled and terminated under Paragraph 28 of the lease. This notification was received by Mr. Eytcheson on the 17th of February. Mr. Phelan stated that since the 15 days have not expired, this matter be deferred to March 14, 1967. B-3 ORDINANCE NO. 59. AN ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER VII TO TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "CAMPING" (second reading) Mr. White read Ordinance No. 59 in its entirety. MINUTES - Morro Bay City Council February 28, 1967 Page Three MOTION: Councilman Bowen moved for the adoption.of Ordinance No. 'S9. Couricilman.Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Keiser B-4 RESOLUTION NO. 20-67. RESOLUTION GRANTING CONDITIONAL USE PERMIT TO GOLDEN TEE MOTEL, INC. Mr. White reviewed the request of the Golden Tee Motel, Inc. for the use of tidelands property adjacent to their property to construct a fill area for parking for an additional 20 motel units. The City Council tentatively approved the use of this tidelands pro perty, subject to approval.of the land use by the Planning Commission. The Planning Commission considered the application for a Conditional Use Permit to allow additional motel units in an R-3 Zone at their regular meeting of February 21, 1967, and have recommended the granting of said Conditional Use Permit by the City Council to the Golden Tee Motel, Inc., subject to the condition that the final plans be submitted for approval of the Planning Commission. Discussion held. Mr. White read Resolution No. 20-67 in its entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 20-67. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Keiser Councilman Mallery suggested that the City Attorney prepare a lease agreement for the water property. Discussion was held relative,to the need of going to public bid for this property. Mr. Phelan presented the City Attorney's Opinion dated February 28, 1967, relating to the necessity of the City to offer a lease of granted tidelands adjacent.to privately owned uplands to the public for bid. The Opinion stated that there is no necessity for inviting bids from the public for this proposed lease site. 10 MINUTES - Morro Bay City'Council February 28, 1967 Page Four Staff informed the Council that the necessary -lease documents would be presented to the Council at the earliest possible date. NEW BUSINESS: C-1 Request approval of.Plans & Specifications for street con- struction, Morro Bay Blvd. & Main Street (S.-S. Project No. 32)` A map showing the location of the proposed street, construction was displayed for the benefit of the Council.and those present. Mr. White indicated that the Engineer's Estimate was $8,418.50 and that this was a properly budgeted item. RESOLUTION NO..21-67. RESOLUTION APPROVING PLANS AND AUTHORIZING ADVERTISEMENT FOR BID FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON MORRO BAY BOULEVARD AND MAIN STREET (SELECT SYSTEM PROJECT NO. 32) Mr. White read Resolution No. 21-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 21-67. Councilman:Bowen seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Mallery.&,Mayo r Surfluh NOES: None ABSENT: Councilman Keiser C-2 Letter of resignation from Planning Commission from John Fleming Mr. White read the letter of resignation received from Mr. John'" Fleming in its entirety. He stated the Planning Commission has requested that Mr. Fleming be retained as a member of the Tree Committee. MOTION: Councilman Mallery moved to accept the resignation of John Fleming from the Planning Commission and direct the staff to write a letter of thanks to -him; also, that we leave the Planning Commission at six (6) members pending overhaul of an ordinance. Councilman Bickford seconded. Passed unanimously. C-3 Letter of Invitation from City of Paso -Robles Mr. White read a letter received from the City of Paso Robles inviting the Council to attend the opening of their new Police facilities to be held March 1 at 2:00 P.M.. •MINUTES - Morro Bay City Council February 28, 1967 Page Five Mayor Surfluh and Councilman Bowen indicated they would attend. 1. C-4 Request for approval of sublease from L. K. Jordan,. LS 50 & 50W Mr. White read the letter received from Mr. & Mrs. Jordan' requesting approval of a sublease of Lease Sites 50 & 50W to an architectural firm from Santa Barbara. Mr. Phelan stated it is the opinion of the City Attorney that this is not a proper use under Tidelands Grant and recommended that this request be denied. MOTION: Councilman Mallery moved that the request in the letter dated February 11, 1967, from L. Knight and Kathryn M. Jordan be denied on.the basis of a non -conforming use. Councilman Bickford asked that the motion be amended to the extent . that a letter be written to Mr. & Mrs. Jordan outlining the require- ments of the Grant and the reason that this request does not conform. Councilman Mallery agreed to the amendment. Councilman Bickford seconded. Passed unanimously. C-5 Request authorization to advertise sale of used automobile and tractor." Mr. White stated the automobile to be sold, a 1960 Ford Sedan, re- quires extensive repairs and recommended that a minimum bid of $150.'00 be placed on said vehicle. He stated the 1938 tractor is old and unsafe to use and requested that a minimum bid of $200.00 be placed on it. MOTION: Councilman Bickford moved to authorize the City Administrator to advertise for the sale of these two items of equipment. Councilman Mallery seconded. Passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION D-1-a Financial Report The Financial Report for the period February 1 thru February 15, 1967• was considered by the Council. Councilman Mallery questioned the checks written to Bank of America and Security First National Bank in the amount of $30,900.00 each. Mr. White stated these are.ti:me deposits and the funds were derived from taxes. - MOTION: Councilman Bickford moved that the Financial Report for the period February 1 thru February 15, 1967, be approved. Councilman Bowen seconded. Unanimously passed. MINUTES - Morro Bay City Council February 28, 1967 Page Six D-1-b Mr. White requested authorization to remove two delinquent accounts from the City's accounts receivable, both for wharfage fees. One for J. E. Murphy in the amount.of $4.00 and the other for Marvin France in the amount of $60.00. Councilman Mallery,suggested that.the account of Mr. France be turned over to a collection agency. Discussion held and Mr. Phelan stated he will research the suggestion of Mr. Mallery and report back to.the Council at the next regular Council meeting. MOTION: Councilman Mallery moved that the City Attorney be directed to research this and report back. Councilman Bickford seconded. Unanimously passed This item deferred. D-2-a City Attorney - re: the vessel "Sea Me" Mr. Phelan stated a letter was received from Hugh McColgan, attorney for the owner, wherein Mr. McColgan states the "Sea Me" has been purchased by a Mr. Clemens. Mr. Phelan stated that we now have to void Ordinance No. 51: He further stated that Section 522 of the Harbors and Navigation Code allows the City to reject any bids submitted,'and recommended that this be done provided the wharfage fees are paid and the new owner takes custody of the boat. RESOLUTION NO. 22-67. RESOLUTION REJECTING BIDS ON VESSEL 'SEA ME" Mr. White read Resolution No. 22-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 22-67. Councilman Bowen seconded. Roll call vote: AYES: Councilmen.Bickford, Bowen, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Keiser D-2-b Mr. Phelan requested that, the Council adjourn to executive soon at the conclusion of this meeting to discuss matters in connection with the Thomas suit litigation. OTHER BUSINESS RE:Central Coast Investors: Mr., Bob Mills stated.'the partners in Central Coast Investors are all in agreement with the lease document submitted to them. MINUTES - Morro Bay City Council February 28, 1967 Page Seven There were three items which they.questioned: (1) They asked that they be allowed to use the south 20 feet of the northerly 300 feet, which was.restricted, regarding the in- stallation of permanent facilities in order to meet their module. (2) related to the fact that Central Coast Investors is recorded as a 'Limited Partnership' and the lease document refers to a 'General Partnership'. They asked that the lease document be changed to 'Limited Partnership'; and (3) related to the fact that the cost -breakdown be certified by a Registered Engineer. Mr. Mills stated this was only a minor problem; however, they asked that this requirement be rescinded. The City Administrator recommended that the provision relating to the need of installing permanent improverrients 20 feet into the northerly 300 feet be adjusted to fit the module which Central Coast Investors has planned. The matter relating to the change of designation from 'General' to 'Limited Partnership' was discussed. Mr. Phelan recommended that this be looked into for a report back to the Council whenever we next meet on the matter of the Central Coast Investors lease.'. CORRESPONDENCE 1. Letter from Roger Murray re: invitation to speak on desalination process. 2. Two letter from Senator Grunsky. One related to our resolution re: extended area telephone dialing service; and the second letter related to our resolution re: Collier -Unruh "matching funds". 3. Letter from Assemblyman Ketchum re: extended area telephone dialing service. 4. Letter from Division of Highways re: resolution on Collier - Unruh "matching funds". 5. Letter from County Department of Administrative Management with a copy of Board of Supervisors resolution relating to "matching funds". 6. Letter from Public Utilities Commission, State of California, re: extended area telephone dialing.service. 7. Letter from the Morro Bay Taxpayers'. Association re: participa- tion in budget sessions & notifying the Council,that Mr. Neil Moses will be their representative in said budget sessions. 8. Letter from the League of California Cities're:' meeting of Public Administrators to be held March 27 thru 29 in San Francisco. MINUTES - Morro Bay City Council February 28, 1967 Page Eight 9. Letter from Mrs. Muriel Porter thanking the City for their resolution to her on her retirement. 10. Copy of the minutes of the last meeting of the Morro Bay- Cayucos Atomic Seawater Reclamation Committee.' 11. Notification from the Water Quality Control Board re: sewage treatment construction grant. 12. Copy of Legislative Bulletin from League of California Cities re: 1967 Senate & Assembly bills affecting cities. 13. Notice of public hearing of Central Coast Regional Water Quality Control Board. 14. Copy of minutes of the Harbors & Navigation Commission held in Blythe, California on January 23, 1967. 15. Copy of a letter from Admiral Fabik to the Cape Porpoise re: rescue . 16. Copy of a letter and resolution from the City of San Luis Obispo re: "matching funds". 17. Copy of the minutes of the Planning,Commission meeting held February 21, 1967. 18. Copy of the agenda of the meeting of the Fish & Game Commission to be held March 3 in Sacramento. MOTION: Councilman Bowen moved that the correspondence be filed. Councilman Bickford seconded. Passed unanimously. ADJOURNMENT: MOTION: Councilman Bowen moved that we adjourn to executive session. Councilman Bickford seconded. Unanimously passed. Meeting adjourned at 9:39 P.M. RECORDED BY: C. TED WHITE, City Clerk r CITY OF MORRO BAY AGENDA - City Council Meeting. February 14, 1967, 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular Meeting of January 24, 1967. 2. Special Meeting of February 2, 1967. 3. Special Meeting of February 6, 1967. HEARINGS, APPEARANCES & REPORTS A-1 Report on 701 Planning Program. UNFINISHED BUSINESS B-1 Request for approval of plans and specifications for construction of road improvements on Atascadero and Embarcadero Roads.(S.S.# 35) B-2 Reappointment of two members of the Planning Commission. B-3 Information relating to construction of sidewalks and curbs. B-4 Request from E. Evensan for approval of sublease. NEW BUSINESS C-1 Award of contract for repainting water tanks. C-2 Request approval of plans and specifications for construction of Maintenance Yard Warehouse. C-3 Request approval of Group Hospital and Medical Insurance Program. C-4 Resolution Adopting a Budget Calendar, 1967-68 Fiscal Year. C-5 Resolution in Support of Establishment of Extended Area Telephone Dialing Service. C-6 Proposed ordinance to control camping. C-7 Letter from Board of Supervisors relating to sales tax. C-8 Letter from C. L. Bryson re: Street maintenance. C-9 Letter from D. B. Stack 're: Undergrounding utilities. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator a. Financial report CORRESPONDENCE ADJOURNMENT Calendar 1. City Council Meetings: February 28 and March 14, 1967. 2. Planning Commission Meetings: February 21 and March 7, 1967. 3. Park and Recreation Commission Meeting: February 15, 1967. n MINUTES - MORRO BAY CITY COUNCIL February 14, 1967 Page Two HEARINGS, APPEARANCES AND REPORTS: A-1 Report on 701 Planning Program Mr. White.read a letter received from Richard.Gunnarson of Hahn, Wise & Associates relative to the progress made in the 701'Planning Program during this past year. Discussion held among membersof the Council. Mr. White stated that the Master Plan is scheduled to be completed before January, 1968. UNFINISHED BUSINESS: B-1 Request for approval of plans and specifications for construction of road improvements on Atascadero and Embarcadero Roads (Select System Project No. 35) . Mr. White stated that an amended budget had been submitted to the Division of Highways in accordance with their request, due to the fact that this project was not included in the original budget. The first amended budget and the final plans have been approved and the project will be known as Select.System.Project No. 35. RESOLUTION NO. 14-67. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ROAD IMPROVEMENTS ON ATASCADERO AND EMBARCADERO ROADS, AND RESCINDING RESOLUTIONS NO. 1-67 AND 2-67 (S.S. PROJECT NO. 35) Mr. White read Resolution No. 14-67 in its entirety. .Discussion held. , MOTION: Councilman Keiser moved for the adoption of Resolution No.14-67. Councilman Bickford seconded. Roll call vote: passed unanimously._ B-2 Reappointment of two members of the Planning Commission Mr. White stated there are two Planning Commissioners, Mr. Jesse Drake and Mr. George Nagano, whose terms expired at the end of thelast calendar year: He further stated that -if the Council so desires, this matter could be treated in executive session,as it relates to personnel matters. , 4 Lengthy discussion ensued relative to the need of establishing a 5-man Commission as compared to the T-man Commission as'it now exists. . MOTION: Councilman Bowen moved to maintain a 7-man Planning Commission'at the present time. Mr -'Drake and Mr. Nagano to be reappointed for-4 year terms, said terms ending,December 31, '1970. Councilman Bickford seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting February 14, 1967 7:30 PM Morro Bay Recreation Hall The meeting was called to order at 7:32 P.M. with the Pledge of Allegiance. Mayor Surfluh gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor.Surfluh ABSENT: None MINUTES: Minutes of the regular meeting of January 24 and special meetings of February 2 and 6 were considered by the Council. Mayor Surfluh asked if there were any corrections to be made to any of said minutes. MOTION: Councilman Bickford moved to dispense with the reading of the minutes and approve them as. written. Councilman Mallery stated that in the minutes of February 6,, in the motion by Councilman Keiser relative to the Mayor releasing a.state- ment, he thought the words "subject to.the approval of the Council" was a part of the motion and should be added. Councilman Keiser. concurred that this was to have been included in her motion. - Councilman Mallery also stated that in the executive session of January 24, 1967, he thought Mr. Bowen had made•a motion, which motion died for lack of a second, and that this should also be entered in said minutes. +;t Discussion held among the Council. Mr. Phelan, City Attorney, stated that according to an Opinion rendered by the Attorney General in 1964, it is only necessary that final action of the Council on personnel matters be made a part of the formal minutes which are open to public inspection. Further discussion held, after which it was determined that the afore- mentioned motion need not be inserted in the minutes of January 24. MOTION: Councilman Bickford amended his motion to approve the minutes of January 24 and February 2 as written, and February 6 as corrected. Councilman Keiser seconded. Passed unanimously. MINUTES - MORRO BAY February 14, 1967 Page Three CITY COUNCIL Councilman Keiser suggested that.an,ordinance'be prepared relative to the change from a 7-man Commission to a 5-man Commission. Mr. White stated that the Planning Commission should be involved in the - preparation of this type of ordinance. MOTION: Councilman Bowen moved to direct the staff to prepare.a new ordinance to cover the Planning Commission. Councilman Keiser seconded. Passed unanimously. B-3 Information relating to construction of,sidewalks.and curbs Mr. White stated there are'three vacant parcels of property on Atascadero Road in the area where new construction has been authorized that have not been improved. He reviewed the Short Assessment Procedure which provides for the construction of sidewalks, gutters, pavement, curbs, driveways and storm and sanitary drain facilities. If more than 50% of the front footage of any block has installed curbs, gutters and sidewalks, the City Council can, on its own initiative, order the curbs, gutters and sidewalks installed on the remaining portions. Mr. White requested authorization to proceed with the Short Assessment Procedure on the parcels of property on Atascadero Road to see that the curbs, gutters and sidewalks'are installed to complete the south side of Atascadero Road. Discussion held relative to the difference between the 1911 Improve- ment District Act and the Short Assessment Act. Mayor Surfluh asked the City Attorney for a report on the improvement acts that relate to our particular needs. Report to be made at the next regular Council meeting. MOTION: Councilman Keiser moved to defer this matter until the next Council meeting. Councilman Bowen seconded. Unanimously passed. B-4 Request, from E. Evenson for approval of sublease, Lease Sites 61 & 61W Mr. White stated that pursuant to a notice sent to all leaseholders relative to the policy on subleasing, a request from Mr. Evenson has been received for authorization to sublease his lease site to the Morro Bay Yacht Club. Discussion held. MOTION: Councilman Mallery moved that authorization be granted to Mr. Evenson to sublease his lease site to the Morro Bay Yacht Club. Councilman Bickford seconded. Unanimously passed. MINUTES - MORRO BAY CITY COUNCIL February 14, 1967 Page Four B=5 Central Coast Investors Lease Document (Added by consent of Council) ' Mr. Phelan, City Attorney, presented each member ofthe Council with a copy of the proposed lease agreement for their review. He stated that since the lease site had been moved north of the original lease site by 300 feet, a title check revealed that the property believed to have been jointly owned by the Morro Bay and Cayucos Sanitary Districts was, in fact, owned solely by the City of Morro Bay and, therefore, the City has the right to lease said property or determine the property is to be held jointly by the two districts. A map was displayed showing.the location of said parcel of land. Mr. Phelan then reviewed in detail the propo'sed.�lease agreement for the benefit of the Council'.and those present. Discussion held by and between members of the Council and City Attorney. MOTION: Councilman Mallery moved that the City Council provide a courtesy copy of the lease to Central Coast Investors for their perusal and upon receiving response, the City to call a special meeting .to firm up and approve it. Councilman Keiser seconded. Unanimously passed. NEW BUSINESS: C-1-a Appearance of Wesley E. Mallery (Added by consent of ,Council) Councilman Mallery made a presentation and questioned the Council relative to the creation of a new position in executive session. He. stated that the position of Administrative Assistant was established at a secret meeting and is therefore, in his opinion, an illegal action subject to rescission. Councilman Mallery then made the following motion: MOTION: I therefore move that the illegally established position of Administrative Assistant be abolished; that a study be made to establish whether or not the need exists for the position of Administrative Assistant; that no appointment be made until such study has been made and a report made at a public meeting; that no new position be created without,. prior study of the needs involved and the reasons . therefor; and that a firm "personnel procurement policy" be established immediately so that in the future all employees will be hired on the fair and uncompromising basis of education, training, experience and ability, in conformance with our present personnel ordinance. MINUTES - MORRO BAY CITY COUNCIL February 14, 1967 Page Five Mayor Surfluh referred this matter to the City Attorney for clarification. Mr. Phelan stated that Section 54957 of the Government Code, which is part of the Brown Act, allows the City Council to hold an execu- tive session during a regular or special meeting to consider .the appointment, employment or dismissal of a public officer or .employee. Mr. Phelan further stated that, in his opinion, the action taken by the Council was proper. Mr. White stated this has been discussed previously: and felt it was brought to the attention of the Council in the proper manner. Lengthy discussion ensued among the members of the Council relative to the creation of, and the need for, the position of Administrative Assistant and the qualifications of Mr. Little for this. position. Mayor Surfluh asked if there was a second to Councilman Mallery's motion., There being none, he declared the motion dead for lack of a second. Further discussion held. RECESS: 9:42 P.M. RECONVENED: 9:47 P.M. C-1 Award of contract for repainting water tanks Mr. White reviewed this project and reviewed the bids received. RESOLUTION NO. 15-67. RESOLUTION AWARDING CONTRACT FOR REPAINTING EXTERIORS OF WATER STORAGE TANKS Mr. White read Resolution No. 15-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 15-67. Councilman Keiser seconded. Roll call vote: passed unanimously.' C-2 Request approval of plans and specifications for construc- tion of Maintenance Yard Warehouse . Mr. White reviewed this project for the benefit of the Council and those present, stating that this is a budgeted item for this fiscal year. A copy of the plans were presented to,the Council for their consideration. MINUTES - MORRO BAY CITY COUNCIL February 14, 1967 Page Six RESOLUTION NO. 16-67. RESOLUTION APPROVING PLANS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR CON- STRUCTION OF MAINTENANCE YARD WAREHOUSE MOTION: Councilman Bowen moved that Resolution No. 16-67 be read. Mayor Surfluh seconded. Unanimously passed. Mr. White read Resolution No. 16-67 in its entirety. MOTION: Mayor Surfluh moved for the adoption of Resolution No. 16-67. Councilman Bowen seconded. Roll call vote: passed unanimously. C-3 Request approval of Group Hospital and Medical Insurance Program Mr. White stated that the City.employees are currently insured by Blue Cross Insurance Company and that premiums are to be increased considerably effective March 1, 1967. He further stated that bids were received from various insurance companies and reviewed said bids for the benefit of the Council and those present. He stated these various insurance programs have been analyzed and recommended that the Council approve the insurance program presented by The Sun Life Assurance Company, as it was low bidder, to be effective March 1, 1967. RESOLUTION NO. 17-67. RESOLUTION APPROVING GROUP HOSPITAL AND MEDICAL INSURANCE PROGRAM Mr. White read Resolution No. 17-67 in its entirety. MOTION: Councilman Bickford moved for the adoption of Resolution No. 17-67. Mayor Surfluh seconded. Roll call vote: passed unanimously. Mr. Larry Davis questioned the fact that this insurance company,is from Canada and why should we',send our money out of the United States. He was informed that this company is an established insurance company doing business in the United States. C-4 RESOLUTION NO. 18-67. RESOLUTION ADOPTING A BUDGET CALENDAR, 1967768 FISCAL YEAR Mr. White read Resolution No. 18-67 in its 'entirety. MOTION: Councilman Mallery moved for the adoption of Resolution No. 18-67. .Councilman Bickford seconded. Roll call vote: passed unanimously. MINUTES - MORRO BAY CITY COUNCIL February 14, 1967 Page Seven C-5 RESOLUTION NO. 19-67. RESOLUTION IN SUPPORT OF THE ESTABLISHMENT OF EXTENDED AREA TELEPHONE DIALING SERVICE Mr. White read Resolution No. 19-67 in its entirety. MOTION: Councilman Bowen moved for the adoption of Resolution No. 19-67. Councilman Keiser seconded. Roll call vote: unanimously passed. C-6 Proposed ordinance to.control camping Mr. White stated that at the direction of the Council this ordinance has been prepared in draft form for their consideration. Mr. Phelan reviewed the proposed camping ordinance for the benefit of the Council and those present. MOTION: Councilman Mallery moved that Ordinance No. 59 be read by title only. Councilman Bickford seconded.' Roll call vote: passed unanimously. The title for Ordinance No.,59: An Ordinance Creating Chapter VII to. Title XI of the Morro Bay Municipal Code entitled "Camping". Said Ordinance was read by title only. MOTION: Mayor Surfluh moved that this constitute the first reading. Councilman Bowen seconded. Roll call vote: passed unanimously. C-7 Letter from Board of.Supervisors relating to sales tax Mr. White reviewed the letter received from Mr. Conrad, County Administrative Officer, and stated the County has requested an indication as to whether or not the City Council would be willing to enter into an arrangement whereby the City of Morro Bay would share the 1% sales tax with the County. Mr. White requested that this item be deferred until the next regu- lar Council meeting as a meeting is scheduled for February 16 with various City Administrators to discuss this matter. MOTION: Councilman Mallery moved to defer this item until the next regular Council meeting. Councilman Bowen seconded. Passed unanimously. MINUTES - MORRO BAY CITY COUNCIL February 14, 1967 Page Eight C-8 Letter from C. Leon Bryson re: Street Maintenance Mr. White stated a letter was received from Mr. Bryson relating to street maintenance in the Del Mar area. Said letter and memo from Mr. Spellacy regarding Mr. Bryson's letter were presented to the Council for their consideration. Discussion ensued among members of the Council, Mr. Spellacy and Mr. Bryson relative to the need for maintenance and construction of streets in the area in question. Mayor Surfluh directed that Mr. Bryson's letter be answered. C-9 Letter from D. B. Stack re: undergrounding utilities Mr. White read a letter received from Mr. & Mrs. Dan B. Stack relative to the undergrounding of'all utilities. Councilman Bickford suggested that a letter be written to.Mr. & Mrs. Stack explaining that we do not have the staff available to make a feasibility study as requested at the present time. INDIVIDUAL DETERMINATION AND/OR ACTION: D-1 City Council (a) Councilman Keiser stated that she had the opportunity to listen to a speech by a Mr. Murray from Fairbanks -Morse Company relative to desalting seawater, and suggested that Mr. Murray be invited to come before the Council and speak regarding the Fairbanks -Morse desalination process. MOTION: Councilman Mallery moved that we contact Mr. Murray and invite him to come and make his presentation to the Council. Councilman Bickford seconded. Passed unanimously. (b) Councilman Bickford asked about the response we have.re- ceived regarding an ambulance service. Discussion held. (c) Councilman Keiser asked about the hospital which was to be built in Morro Bay. Discussion held. (d) Councilman Mallery stated that he wanted it made clear that in making his statements earlier in the evening, this was not a reflection on Mr. Little's integrity. E MINUTES MORRO BAY CITY COUNCIL. February 14, 1967 Page Nine D-2 City Attorney (a) Mr. Phelan reported that,Green West Acres have brought their rent up to date. He further stated there is only one leaseholder who has not paid his past -due rent and that is Mr. Eytcheson who leases Lease Sites 97 thru 99. He stated letters have been written to Mr. Eytcheson apprising him of the fact that he is in arrears with his.lease payments, which letters have gone unanswered. It was the recommendation of the City staff to have the Council direct the City Attorney's Office to notify the lessee to either pay his lease payments within 15 days or the City will entertain a forfeiture of his lease. He further recommended that it be made quite clear to Mr. Eytcheson that payment is to be made directly to the City and not into escrow, that in the event he elects not to bring his lease payments up to date within the 15 days, the lease be declared cancelled. He stated it would be sufficient for the Council to direct the staff, by Minute Order, to notify Mr. Eytcheson in writing and obtain his response to this demand. Discussion held. MOTION: Councilman Bickford moved to instruct the staff to write the appropriate letter to Mr.,Eytcheson in conformance with the lease requirements. Councilman Mallery seconded. Passed unanimously. (b) Re: The Vessel "Sea Me", Mr. Phelan stated that after passing Ordinance No. 51 and sending copies of said ordi- nance to the attorney.and all other parties who might have an interest in the boat, a letter was received from Mr. McColgan stating they had not abandoned their claims to the boat. City Attorney to call Mr. McColgan regarding this matter and report back to the Council at the next regular Council meeting. (c) Re: Woods Animal Shelter asking for enforcement of our City Ordinance pertaining to animal regulations, Mr: Phelan stated an opinion was rendered by the District Attorney's Office which answers the questions of Woods Animal Shelter, and suggested, we write to Woods stating that we concur with the opinion of the District Attorney. (d) Mr. Phelan stated that the revised final Settlement Agree- ment has been submitted to the Attorney General's Office and that it was indicated that it was the wish of the Council to have this matter placed on the State Lands Commission Agenda for February. Report will be made when response is received from Mr. Shavelson of the Attorney General's Office. MINUTES - MORRO BAY CITY_ COUNCIL February 14, 1967 Page Ten OTHER BUSINESS: Mr. Larry Davis, City representative on the County Development - Association, stated a Public Utilities Commission Hearing on the Diablo Canyon Nuclear Powered Generating Plant will be held on February 16 and asked if some of the Council could attend to support this location. No Council action taken. D-3 Financial Report Mr. White stated the Financial Report for the period January 16 thru January 31, 1967, has been submitted to the Council for their consideration. MOTION: Councilman Bickford moved for the adoption of the Expenditure Report for.the period January 16 thru January 31, 1967. Councilman Bowen seconded. Roll call vote: passed unanimously. CORRESPONDENCE: 1. Invitation to the City Council to attend the 50th anniversary of the American Red Cross on February 19 at 3:00 P.M. in San Luis Obispo. Councilman Keiser to attend. Mr. White stated.a Proclamation will be prepared for the. Mayor's signature. 2. Invitation to the'Council.to participate in the;1967 San Luis Obispo celebration, "La'Fiesta". 3. Two letters from Assemblyman William M. Ketchum relating to the Collier -Unruh "matching funds" resolution submitted by the City; and notification that the City has been placed on the mailing list to receive the weekly publications of the Senate and Assembly. 4. Letter from League of California Cities acknowledging receipt of City of Morro Bay Resolution No. 11-67 re: Collier -Unruh Act. 5. Letter from Pacific Telephone Company re: change of telephone number to 772-2212 effective April 2, 1967. 6. Notice from Public Utilities Commission re: Hearing on appli- cation of P.G.&E. for Nuclear Powered Generating Plant at Diablo Canyon. Said hearing to be February 16, 1967 in San Luis Obispo. 7. Letter from California Disaster Office -re: "You and Survival" exhibit. This to be submitted to the Rock-O-Rama Committee for action. 8. Letter from Department of Water Resources"enclosing water well standards for the State of California MINUTES - MORRO BAY CITY COUNCIL February 14, 1967 Page Eleven 9. Copy of letter from Mary Woolman to the Editor of The Sun. 10. Letter from the Corps of Engineers re: Belon Oysters, Inc. withdrawing their application.' 11. Letter from California Roadside Council re: effect on local jurisdictions in the Federal Highway Beautification Act of 1965. 12. Copy of Resolution No. 545-66 of the County Board of Super- visors re: loss of autonomy over harbors or airport facilities. 13. Board Order of the County Board of Supervisors re: Flood Control District. 14. Copy of Agenda and Minutes of the Fish & Game Commission. 15. Copy of minutes of Morro Bay Chamber of Commerce of January 9 and February 6, 1967. 16. Agenda of the.Harbors and Watercraft Commission meeting to be held February 20, 1967. 17. Minutes of the Water Resources Advisory Committee meeting held December 14, 1966, and Agenda for meeting held February 7, 1967 . 18. Copy of "Outdoor California" from the Department of Fish & Game. 19. Letter from M. V. Morley•ra: Sign Ordinance. MOTION: Councilman Mallery moved that the correspondence be filed. Seconded by Councilman Bowen. Passed unanimously. ADJOURNMENT: MOTION: Councilman Keiser moved for adjournment. Seconded by Councilman Bowen. Passed unanimously. Meeting adjourned at 11:20 P.M. RECORDED BY: C. TED WHITE, City Clerk NOTICE OF SPECIAL MEETING Under the provisions of Section 54956 of the Government Code, NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Morro Bay will be held on Friday, February 10, 1967, at 11:00 A.M. in the Morro Bay City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matter: 1. Final settlement agreement between the City of Morro Bay and the State of California relating to Harbor litigation. J. S. SURFLUH, Mayor City of Morro Bay By: i C. TED WHITE, City Clerk City of Morro Bay, Calif. February 8, 1967 Mailed 2/8/67 at 4:30 P.M. MINUTES - MORRO BAY CITY COUNCIL Special Meeting February 10, 1967 RESOLUTION NO. 13-67. RESOLUTION APPROVING DELETION OF THE REQUIREMENT FOR SIGNATURE OF THE ATTORNEY GENERAL ON THE STIPULATION AND AGREEMENT HERETOFORE EXECUTED BY AND BETWEEN THE CITY OF, MORRO BAY AND .THE COUNTY OF SAN LUIS OBISPO. Mr. White read Resolution No. 13-67 in its entirety. MOTION: Councilman Bowen moved for the adoption of Resolution No. 13-67. Councilman Bickford seconded. Roll call vote: passed unanimously. There being no further business to be brought.before the Counci.1 at this time, Mayor Surfluh entertained a motion to adjourn.. MOTION: Councilman Bowen moved.to adjourn. Seconded by Councilman Bickford. Passed'unanimously. Meeting adjourned at 12:26 P.M. RECORDED BY: C. TED WHITE, City Clerk' •. • MINUTES - MORRO BAY CITY COUNCIL - Special Meeting February 10, 1967 11:00 A.M.. City Hall Conference Room Mayor Surfluh called the meeting to order at 11:10 A.M. ROLL CALL:. PRESENT: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh ABSENT: Councilman Bowen Mayor Surfluh stated that this meeting was duly noticed, all parties receiving proper notification, and further stated that this meeting is convened in open session. Mr. Bowen arrived at 11:15 A.M. Mayor Surfluh notified those present that this meeting was called' to consider the City -State Agreement. He asked Mr. Kardel, City Attorney, to review for the benefit of the Council and those present the letter and suggested amendments received from Mr. Jay Shavelson of the Attorney General's Office relative to the City - State Agreement. City Attorney reviewed these documents in depth with the Council and made the following recommendation: Mr. Kardel recommended that the State's.amended agreement of February 2 be accepted, subject to the deletion of any reference to Subparagraph (h) of the Statutory Grant of the Tidelands made in 1960 by Senate Bill No. 62. Discussion held relative to the aforementioned recommendation. MOTION: Councilman Bowen moved that the City Attorney be authorized to modify the Agreement to ex- clude Subparagraph (h) of the Statutes of 1960, Senate Bill No. 62, as it relates to the final Settlement Agreement presented by the State of California on February 2, 1967. Councilman Bickford seconded. Roll call vote: unanimously passed. City attorney requested that the Council act on the matter relating to the requirement that the signature of Thomas E. Lynch, Attorney General, be a signatory party for the State on the Stipulation and Agreement approved by the City Council by•Resolution No. 136-6.6. The Attorney General is not a required signatory party for the Stipulation and Agreement as he acts only as the attorney for the State Lands Commission. He'recommended that the Council pass a resolution approving the deletion for the requirement of the signature of the Attorney General on the Stipulation and Agreement. WAIVER OF NOTICE OF SPECIAL MEETING I, �Jion�, duly elected City Council- man of the City of Morro Bay do i :eby waive notice of a special meeting of.the City Council to b.: -.ald at the Golden Tee Resort Lodge to meet with Admiral Fabik of the 12th United States Coast District to discuss matters relating to the Coast Guard's responsibility in Morro Bay Harbor and surrounding area. Said meeting to be held on February 9, 1967, at 12:00 noon in the Golden Tee Resort Lodge, 19 Country Club Drive, Morro Bay, California. ,i. r Y' do , CERTIFICATION OF Cl"_'V CLERK I, C. TED WHITE, City Clerk of t:^.e City of Morro Bay do hereby cer-.afy that the above Waiver of Notice of Special Meeting was filed on February 9, 1967. C. TED WHITE, City Clerk. City of Morro Bay, Calif. • r • WAIVER OF NOTICE OF SPECIAL MEETING I, T �tiJ y , duly elected City Council- man of the City of Morro Bay do hereby waive notice of a special meeting of the City Council to be 'veld at the Golden Tee Resort Lodge to meet with Admiral Fabik of the 12th United States Coast District to discuss matters relating to the Coast Guard's responsibility in Morro Bay Harbor and surrounding area. Said meeting to be held on February 9, 1967, at,12:00 noon in the Golden Tee Resort Lodge, 19 Country Club Drive, Morro Bay, California. CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the above Waiver of Notice of Special Meeting was filed on February 9, 1967. � J-,Q 214 ? C. TED WHITE; Cify Clerk City of Morro Bay, Calif. WAIVER OF NOTICE OF SPECIAL MEETING I, duly elected City Council- man of the City of Morro Bay do hereby waive notice of a special meeting of the City Council to be held at the Golden Tee Resort Lodge to meet with Admiral Fabik of the i2th United States Coast District to discuss matters relating to the Coast Guard's responsibility in Morro Bay Harbor and surrounding area. Said meeting to be held on February 9, 1967, at 12:00 noon in the Golden 'Tee Resort Lodge, 19 Country Club Drive, Morro Bay, California. CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the above Waiver of Notice of Special Meeting' was filed on February 9, 1967. C. TED WHITE, City Clerk City of Morro Bay, Calif. WAIVER OF NOTICE OF SPECIAL MEETING I, �J. J f ( Jt J ��w �1, / , duly elected City Council- man of th�ity.of Morrd/Bay do hereby waive notice of a special meeting of the City Council to be held at the Golden Tee Resort Lodge to meet with Admiral Fabik of the 12th United States Coast District to discuss matters relating to the Coast Guard's responsibility in Morro Bay Harbor and surrounding area. Said meeting to be held on February 9, 1967., at 12.00 noon in the Golden Tee Resort Lodge, 19 Country Club Drive, Morro Bay, California. CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the above Waiver of Notice of SpeciLl Meeting was filed on February 9, 1967. . 0 Qu C. TED WHITE, City Clerk c City of Morro Bay, Calif. )WAIVER OF NOTICE OF SPECIAL MEETING I,� N ��� duly elected City Council- man of the City of Morro Bay do hereody waive notice of a special meeting of the City Co= cil to be held at the Golden Tee Resort Lodge to meet with Admiral Fabik of the 12th United States Coast District to discuss matters relating to the Coast Guard's respsibility in Morro Bay Harbor and surrounding area. 4.'Said meeting to be held on February 9, 1967, at 12:00 noon in the'Golden Tee Resort Lodge, 19 Country Club Drive, Morro Bay, California. CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the above Waiver of Notice of Special Meeting was filed on February 9, 1967. 0, _2,a� C. TED WHITE, City Clerk — City of Morro Bay, Calif. WAIVER OF NOTICE OF SPECIAL MEETING I, t9� — ate , representing / utiti having requesting notice of all duly called meetings of the City Council of the City of Morro Bay do hereby waive notice of a special meeting of the City Council to be held at the Golden Tee Resort Lodge to meet with_Admiral Fabik of the 12th United States Coast Guard District to discuss matters relating to the Coast Guard's responsibility in.Morro Bay Harbor and surrounding area. Said meeting to be held on February 9, 1967 at 12:00 noon in the Golden Tee Resort Lodge, 19 Country Club Drive; Morro Bay, California. CERTIFICATION OF' CITY CLERK I, C. TED WHITE, Citv Clerk of she City of Morr=c Bay do hereby certify that the above Waiver of Notice of Special Meeting was filed on February 8, 1967. C. TED W_`IITE, City Clerk City of Morro Bay, Calif.. NOTICE OF SPECIAL MEETING Under the provisions of Section 54956 of the Government Code, Notice is hereby given that a special meeting of the City Council of the City of Morro Bay will be held on Monday, February 6, 1967, at 11:00 A.M. in the Morro Bay City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matter: 1. The Joseph C. Giannini suit, San Luis Obispo County Superior Court Action No. 32546 J. S. SURFL , Mayor ity of Moreo Bay, Calif. February 3, 1967 MINUTES - MORRO BAY CITY COUNCIL Special Meeting February 6, 1967 11:00 A.M. City Hall'Conference Room Meeting was called to order by Mayor.Surfluh at 11:04 A.M. ROLL CALL:. PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None Mayor Surfluh noted that all councilmen had been notified, as were the news media, of this Special meeting. He:then asked the City Attorney, Peter Kardel, to review for the Council.the happenings of the meeting held on Friday, February 3, between the. City Attorney and the attorney for Mr. Joe Giannini. Mr. Kardel informed the Council that he met with the attorneys for the plaintiff in the Giannini vs. Surfluh lawsuit on Friday in San Luis Obispo to discuss the dismissal of the pending litigation. He presented to the Council, for their information, a "Stipulation and Request for Dismissal" signed by Wickson R. Woolpert, attorney for plaintiff, a copy of which will be attached to these minutes. Discussion held regarding the proposal for.dismissal. MOTION: Councilman Bickford moved that the City Attorney be authorized, for and on behalf of the City, to sign the "Stipulation and Request for Dismissal" of the Joseph C. Giannini, et al vs. J. S. Surfluh, et al, suit filed in San Luis Obispo County Superior Court, No. 32546. Seconded by. Councilman Keiser. Roll call vote: unanimously passed. MOTION: Councilman Keiser moved to authorize the Mayor to make a statement relative to the dismissal of the lawsuit Councilman Bowen seconded. Passed unanimous h ' sub77'ect to the a pproval of the Council. (corrected by M.O. 2/14/�7) There being no further business, Mayor Surfluh entertained a motion for adjournment. MOTION: Councilman Bowen moved that meeting be adjourned.. Councilman'Bickford seconded. Passed unanimously. Meeting adjourned -,at 12:05 P.M. RECORDED BY:, %f C. TED. WHITE,-ity Cle I F C r f C 1C 1� 19 1E _c is 2C 21 22 2- 2q '25 26 27 20 29 �0 J2 �_r_., M. KA == I:or HARSH LAN LUIO OC_ICPO. CALIFORNIA C40491e Atto ey for Defendants (srecz.,..Lc:v:On ....:NC1. 'a'ost..) 1 (ENDORSED) FEB 7 1967 RHTH WAR@KEN County Cl.rk BY DOROTHY OWN DEPUTY CLERK SULIEOZIGR COURT OE, = STATE OL7 -000- JOSEPH C. GIANNINI, et al. , Plaintiff, vs. J. S. SURFLUH, et al., Defendants No. 32546 STIPULATION AND'RE@UEST FOR DISMISSAL The parties hereto, by their respective counsel, hereby stipulate and agree as follov. s: ' 1. In that continuance of this lav:suit is economically unrealistic, the parties hereby leave these matters to political determination. 2. The clerk of the above entitled court is hereby requested to dismiss the above -entitled action without prejudice, each party to bear his own costs and attorneys fees. 3. Plaintiff's cost bond filed herein shall be released to Plaintiff upon entry of dismissal. Dared: Dated' % r A. H. BRAZIL and MULLER, V'OOLPERT & McWHINNEY Attorrevs foa; Plaintiff /1/'� W PETER M. KARDEL, City Attornevs, City of Morro L`4; Attorneys for 2, �. 0 NOTICE OF SPECIAL MEETING Under the provisions of Section 54956 of the Government Code, Notice is hereby given that a special meeting and executive session of the City Council of the City of Morro.Bay.will be held on Thursday, February 2, 1967, at 10:00 A.M. in the Morro Bay City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matter: 1. Pending litigation LJ. S. SURFLU , Mayor i• y of Mor Bay, California January 31, 1967 MINUTES - MORRO BAY CITY COUNCIL Special Meeting February 2, 1967 10:00 A.M. City Hall Conference Room Mayor Surfluh called the meeting to order at 10:05 A.M. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None Mayor Surfluh stated that all persons requesting notice of this meeting had been so notified, and then entertained a motion to ad- journ this meeting to executive 'session to discuss pending litiga- tion. MOTION: Councilman Bowen moved that this meeting be adjourned. to executive session. Seconded by Councilman Bickford. Passed unanimously. Mayor Surfluh then asked the City Attorney, Peter Kardel, to review the Giannini lawsuit. City Attorney then related the statements made by Judge Rosson and how it affected the city's position in regards to the allegations made by Mr. Giannini and.others in his lawsuit. Discussion held regarding the action of th'e City Council in regards to the letter from Wickson Woolpert of the firm of.Muller, Woolpert & McWhinney, Attorneys at Law, representing Mr. Joe Giannini, dated January 27, 1967. Discussion relating to said letter was held by those present. MOTION: Mayor Surfluh moved that the Council authorize the City Attorney to meet with Mr. Giannini's ' attorney to discuss the offer of settlement and report back to the Council. Seconded,by Councilman.Bickford.• Passed unanimously. Further discussion held relating to the aforementioned motion_. MOTION: Councilman Bickford moved that'the City Attorney be authorized to advise Mr. Woolpert, attorney. for Mr. Giannini, that the proposal for settle- ment in his letter of January 27, 1967; is, unacceptable to the City because, said letter infers that Judge Rosson's statements represent a decision on the merits of -the case and, at this time, the . City would consider dismissal with prejudice and with cost recovery to the City. Seconded by Councilman Bowen. 'Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery MINUTES - MORRO BAY CITY COUNCIL Special Meeting - February 2, 1967 Page Two Questions were asked and factual data given by the City Attorney relating to the status of the Thomas suit. After considerable discussion, Mayor Surfluh entertained a motion.to adjourn. MOTION: Councilman Keiser moved that the meeting be adjourned. Councilman Bowen seconded. Passed unanimously. Meeting adjourned at 11:55 A.M. RECORDED BY:' C. TED WHITE, City Clerk • u MINUTES - MORRO BAY CITY COUNCIL Special Meeting January.24, 1967 7c00 P.M. City.Hall Conference Room' Mayor Surfluh called the meeting to order at 7:04 P.M. ROLL CALL: PRESENT: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh ABSENT: Councilman Bowen Mayor Surfluh entertained a motion to waive notice of this meeting. MOTION: Councilman Bickford moved to waive notice of this Special meeting. Seconded by Councilman Keiser. Roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor'Surfluh NOES: None ABSENT: Councilman Bowen Mayor Surfluh notified those present that this meeting was called to discuss the pending litigation and the relationship of the lease of Green West Acres to that litigation. Mr. Phelan, City Attorney, was asked to review the purpose,of the meeting and discussion was held in depth regarding Lease Site 300 and the relationship of the lease to the property claimed.by.the Plaintiffs in the Thomas lawsuit. Meeting adjourned by Mayor Surfluh at 7:36 P.M. to the regular meeting to be held this date in the Recreation Hall. RECORDED BY: " C. TED WHITE, City Clerk CITY OF MORRO BAY AGENDA - City Council Meeting January 24, 1967, 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MTMTITF.G 1. Regular meeting of January 10, 1967. HEARINGS, APPEARANCES & REPORTS A-1 -Appearance of representatives of Green -West Acres regarding Lease Site 300. A-2 Report from Morro Bay Library Committee. UNFINISHED BUSINESS B-1 Ordinance No. 51, Ordinance Ordering Sale of Abandoned Vessel "Sea Me". (2nd and final reading) B-2 Lease to Central Coast Investors B-3 Letter from Attorney for G. Crill re: Lease Sites 134 to 137. B-4 Resolution Approving Low Bid for Gasoline and Diesel Fuel (Sunland Refining Corp.) B-5 Request from Golden Tee Resort for lease of waterfront property. B-6 Bid results for construction of Harbor Boat. NEW BUSINESS C-1 Letter from Morro Bay Dahlia Society. C-2 Resolution Recognizing the Organization of "The Morro Bay City Employees' Association". INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Administrator a. Financial report b. Transfers D-2 City Attorney D-3 City Council CORRESPONDENCE i �dYZ�li);7�Iui�1�YY a rn l onana 1. City Council Meetings: February 14 and 28, 1967. 2. Planning Commission Meetings: February 7 and 21, 1967. 3. Park and Recreation Commission Meeting: February 15, 1967. 0 0 MINUTES, MORRO BAY CITY COUNCIL Regular Meeting January 24, 1967 7:30 P.M. Morro Bay Recreation Hall The meeting was called to order with the pledge of allegiance at 7:34 P.M. Mayor Surfluh gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None MINUTES: Minutes of the regular meeting of January 10, 1967, were considered by the Council. Mayor Surfluh asked if there were any corrections to be made to said minutes. Mayor Surfluh entertained a motion to dispense with the reading of the minutes. MOTION: Councilman Bickford moved to dispense with the reading of the minutes and approve them as written. Council- man Bowen seconded. Passed unanimously. HEARINGS, APPEARANCES & REPORTS: A-1 Appearance of representatives of Green -West Acres re: Lease Site 300 Mr. Curtis Darling, attorney for Green -West Acres, lessees of Lease Site 300, introduced Mr. Sid Longacre, Gene Green, George West, and Mr. & Mrs. Bill Schock, all being partners in Green -West Acres, Inc. Mr. Darling then gave a brief background history of Green -West Acres. In the matter of paying rent for Lease Site 300 on the sandspit, without having clear title to the lease site, it was their feeling that this was an unreasonable request in that they did not have possession of the lease due to the pending litigation; however, he stated they would meet this request if it was the desire of the Council. Discussion held by and between members of the Council, City Attorney and Mr. Darling relative to Green -West Acres paying rent for this Lease Site, after which it was the determination of the Council that Green -West Acres should continue to pay rent for Lease Site 300 as set forth in Resolution No. 141-66. MINUTES - City Council Meeting January 24, 1967 Page Two A-2 Report from Morro Bay Library Committee Mrs. Keiser gave a brief report on the purpose of the Library Committee, after which comments were heard from Mrs. Riley and Mrs. Schenk. Mrs. Keiser then read the minutes of the last meeting of the Library Committee with special emphasis on the motion made by Mrs. Keiser which reads as follows: Mrs. Keiser made a motion that a letter be written to the'Board of Supervisors requesting that a review be made of library costs for Morro Bay. We -would like to. know if we can contract for the same services that we have now for approximately $30,000. Mrs. Schecnk seconded. Motion passed. Discussion held relative to obtaining the services of the County Library System on a contract basis for a lessor amount than we are now paying. MOTION: Councilman Bickford moved that a letter be written to the Board of Supervisors in line with Mrs. Keiser's recommendations regarding the cost of our current library service. Councilman Bowen seconded. Motion passed unanimously. UNFINISHED BUSINESS: B-1 ORDINANCE NO. 51. ORDINANCE ORDERING SALE OF ABANDONDED VESSEL PURSUANT TO SECTION 522 OF THE HARBORS AND NAVIGATION CODE AND NOTICE OF INVITATION OF BIDS (SEA ME) Mr. Phelan, City Attorney, stated there was an alternative to this procedure and that was by filing a foreclosure action on the city maritime lien in the Federal District Court; however, it was his recommendation that this ordinance be adopted and.an attempt to sell the vessel be made. , MOTION: Councilman Mallery moved that Ordinance No. 51 be read by title only. Councilman Bickford seconded. Roll call vote: passed unanimously. Mr. White read Ordinance No. 51 by title only. He,stated that the Notice of Invitation of Bids will be published, said bids to be opened on the 27th of March. A report will -be made on the.28th of March at the regular Council meeting. MOTION: Councilman Mallery moved for the adoption of Ordinance No. 51. Councilman Keiser seconded. -Roll call vote: passed unanimously.., B-2 Lease to Central Coast Investors Mr. Phelan stated that due to all of the necessary changes in the lease amendment agreement, it was determined that it would be more convenient to write a new lease document to present to Central Coast Investors. He further stated that this lease document will be r MINUTES - City Council Meeting January 24, 1967 Page Three presented to the Council for their review and consideration prior to the Council meeting of February 14. Councilman Mallery presented Mr. White with copies of two leases he received from the City Attorney for Santa Barbara for review and consideration in drawing up new waterfront leases in the future. This matter deferred until February 14. B-3 Letter from attorney for G. Crill re: Lease Sites 134 to 137 Mr. Phelan, City Attorney, stated the Crills have two objections to the proposed lease amendment agreement, the first being the pro- vision to substitute an independent real estate appraiser from the County Assessor in reappraising the lease site. The second objec- tion is relative to the sublessee's term not being commensurate with the term of the lessee. Mr. Robert Snyder, attorney for Mr. & Mrs. Crill, stated they object to the last sentence in the agreement in that they feel it is an unreasonable demand on the Crills to require them to change their contract with the City in order to get a sublease. He further stated they object to the clause restricting the sublease to a term which ends in October of 1972. He stated they further object to having an independent appraiser substituted for the County Assessor, and if the City wants to substitute an independent appraiser for the County Assessor they should do this with'all of the leases on the waterfront, not just the Crill's. Discussion held and Mr. Snyder was informed that it is the intent of the City to deal with each lease as it comes up for renewal. Further discussion held by and between members of the Council, City Attorney, City Administrator and members of the audience relative to this matter. Mr. Snyder stated the Crill's are happy with the lease received from the County and do not desire to have a lease as proposed by the City. MOTION: Councilman Bickford moved that we approve this sub- lease on the basis of the original County lease and under the conditions of said lease. Councilman Bowen seconded. Unanimously passed. B-4 RESOLUTION NO. 8-67. RESOLUTION APPROVING LOW BID FOR GASOLINE AND DIESEL FUEL Mr. White reviewed the bids received for these items for the benefit of the Council and those present. He then read Resolution No. 8-67 in its entirety. MOTION: Councilman Bickford moved that Resolution No. 8- 67 be adopted. Councilman Bowen seconded. Roll call vote: passed unanimously. 4 MINUTES - City Council Meeting January 24, 1967 Page Four B-5 Request from Golden Tee Resort Lodge for lease.of water- front property Mr. White reviewed the request of the Golden Tee Resort Lodge to lease waterfront property adjacent to their property. Approval was granted to the Golden Tee in April of 1966 of the request to lease property to establish a fill for parking area for a pro- posed extension of the Resort Lodge. Inasmuch as this matter was delayed until this time, it was thought it would be well to review the request for the lease of the water- front property to establish a fill area to provide parking spaces for an additional 20 motel units which will be constructed. Discussion was held relating to the use of a lease or a use permit agreement. Council was informed that the Golden Tee will be re- quired to make application to the Corps of Engineers for permission to construct a fill in the waters of Morro Bay, and that a deter- mination must be made by the Council as to the 'requirements of bidding on waterfront property that is adjacent to uplands that are entirely owned by one owner who has sole access to the water area. Further discussion was held. MOTION: Councilman Bowen moved that the City Council approve, in substance, the application of the Golden Tee to lease waterfront property to establish a fill area.for parking purposes and to cooperate in every way possible for the request made by the Golden Tee. Councilman Keiser seconded. Mr. Ethan Jennings, Architect representing Robert Fairbanks, commented that they are concerned with the extent of the development of the fill area as to how it might affect the private beach adjacent to the Fairbanks' property. It was indicated by Mr. Jennings that this was his first view of the proposed lease and he would reserve comment until a later date. Motion passed unanimously. B-6 Bid results for construction of Harbor Boat Mr. ,White reviewed the bids received for the Harbor Boat and stated only one bid was received, that being from Devil's Lake Marina, Inc. in the amount of $10,357 which is $2,357 over the amount budgeted for this item. Mr. White stated that due to substantial savings made on other projects, money was available in the Harbor account and no transfer from the Unbudgeted Reserve would be necessary. Lengthy discussion held among members of the Council and audience regarding the need for this type of boat for service in the Harbor area. MINUTES - City Council Meeting January 24,1967 Page Five MOTION: Councilman Bowen moved that we expend this money and accept the bid submitted for the construction of the boat. Councilman Bickford seconded. Further discussion held regarding the possibility of having the Coast Guard install a permanent station in our harbor so as to alleviate the need for a new harbor boat. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery MOTION: Mayor Surfluh moved that the staff be instructed to exert utmost influence to induce the Coast Guard to establish a station here and to provide the needed service which has been discussed tonight. Councilman Bowen seconded. Councilman Bickford suggested that the Mayor include in his motion to have the staff contact the Coast Guard with reference to setting up a meeting in the near future with a representative of the Coast Guard and the Council, or a committee of the Council, to discuss the possibility of establishing a station in Morro Bay. MOTION: Mayor Surfluh amended his motion to include Council- man Bickford's recommendation. Councilman Bowen withdrew his second to the first motion, and seconded the amended motion as stated. Unanimously passed. RECESS: 9:45 P.M. RECONVENED: 9:52 P.M. RESOLUTION NO. 9-67. RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF 26 HARBOR RESCUE BOAT Mr. White read Resolution No. 9-67 in its entirety. MOTION: Councilman Keiser moved that Resolution No. 9-67 be adopted. Councilman Bickford seconded. Roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Sur'fluh NOES: Councilman Mallery NEW BUSINESS: C-1 Letter from Morro Bay Dahlia Society Mr. White read the letter received from the Morro Bay Dahlia Society in its entirety and reviewed the proposed budget for the 1967 Dahlia Show as presented by the Dahlia Society. MINUTES - .City -.Council Meeting January 24, 1967 Page Six Discussion held regarding their request for City funds to help de- fray expenses for the 1967 Dahlia Show, and the possibility of this possibly becoming a part of the budget for the Morro Bay Chamber of Commerce. MOTION: Councilman Bickford moved that this be directed to staff for report back. Councilman Bowen seconded. Passed unanimously. C-2 RESOLUTION NO. 10-67. RESOLUTION RECOGNIZING THE ORGANIZATION KNOWN AS "THE MORRO BAY CITY EMPLOYEES' ASSOCIATION". Mr. White stated that the purpose of this resolution was to acknow- ledge recognition from the Council so the Association could proceed with the election of officers and adopt a constitution and by-laws. Resolution No. 10-67 was then read in its entirety. MOTION: Councilman Keiser moved for the adoption of Reso- lution No. 10-67. Councilman Bowen seconded. Roll call vote: unanimously passed. OTHER BUSINESS: C-3 RESOLUTION NO. 11-67. RESOLUTION REQUESTING THE CALIFORNIA STATE LEGISLATURE TO AMEND OR REPEAL PROVISIONS OF THE COLLIER-UNRUH LOCAL TRANSPORTATION DEVELOPMENT ACT. Mr. White stated this resolution was prepared pursuant to the request of Assemblyman William M. Ketchum. He then read Resolution No. 11- 67 in its entirety. MOTION: Councilman Bowen moved for the adoption of Reso- lution No. 11-67. Councilman Bickford seconded. Roll call vote: passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION D-la Financial Report The Financial Report for the period January 1 thru January 15, 1967, was presented to the Council for their consideration. Councilman Keiser questioned the payment to Mr. Kardel in the amount of $7,033.75, and asked for what month it was in payment of. Mr. White stated this billing was for the month of October, 1966. Discussion held relative to other billings yet to be presented to the Council. MINUTES - City Council Meeting January 24, 1967 Page Seven MOTION: Councilman Bickford moved for approval of the Financial Report for the period January 1 thru January 15, 1967. Councilman Keiser seconded. Roll call vote: unanimously passed. D-lb Transfers Mr. White stated a budget transfer in the amount of $18,000 is requested to be transferred from the Unbudgeted Reserve to Budget Account 1400, City Attorney, for professional services. MOTION: Councilman Keiser moved that we transfer from the Unbudgeted Reserve the amount of $18,000 to put into the City Attorney's account for professional services. Councilman Bickford seconded. Roll call vote: unanimously passed. D-2a City Attorney Mr. Phelan stated that pursuant to the wishes of the Council at the special meeting held January 20, 1967, the City -State Agreement was transmitted to the State Lands Division that same date. Report will be made as soon as the State Lands Division notifies the City Attorney's office regarding this matter. D-2b He also stated that every effort is being made to have the proposed lease agreement for Central Coast Investors available for Council consideration before next Council meeting. D-3a City Council Councilman Keiser stated she would like to make a new motion relative to forming a committee to study the ways to obtain more revenue for the city. Councilman Keiser then made the following motion: MOTION: I would like, at this time, to make a motion that a committee comprised of one representative from the Chamber of Commerce, one from the Taxpayers' Association, one from the real estate group, and if there is a motel association, one from them. I would like them to be appointed by their own groups rather than the Council naming them. That we send a letter to each organization asking them to please send a representative to meet with the budget committee. The committee also to include a member from the Greater Morro Bay Harbor Develop- ment Association. Councilman Bowen seconded. Unanimously passed. j MINUTES - City Council Meeting January 24, 1967 Page Eight D-3b Councilman Keiser again questioned the matter of closing Morro Rock Park during the off-season. Mr. White informed her that signs stating "No Camping" were placed in this area, which sighs were torn down by unknown members of the public. Mr. White informed the Council that an ordinance will be presented to the Council for their consideration at the meeting of February 14. D-3c Council asked for a report on damage from the recent storm. Mr. Spellacy briefly reviewed what damage did occur within the City. D-3d Councilman Bowen asked that this meeting adjourn to executive session at the close of this meeting. CORRESPONDENCE: 1. Notice from League of California Cities re: Channel Counties Division Quarterly meeting scheduled for Friday, January 27 at the San Luis Obispo Country Club. 2. Letter from the Corps of Engineers dated January 12, 1967, re: review of plans for the Harbor. 3. Report on Natural Resources of Morro Bay and Proposal for Comprehensive Area Plan received from the State Department of Fish and Game. 4. Letter dated January 18 from the San Luis Obispo County Economic Development Committee:re: contribution of the City of Morro Bay to said Committee. 5. Letter dated January 18 from County Department of Buildings, Communications & Airports re: Civil Defense Conference on Community Shelter Planning to be held February 7 in the Supervisors Chambers in San Luis Obispo. 6. Copy of the Biennial Report, 1964-1966, received from the Department of Fish and Game. 7. Notice from League of California Cities dated January 17 re: City Manager's Spring Meeting to be held in Palo Alto, February 8 thru February 10. 8. Notice from League of California Cities dated January 16 re: Institute on Labor Relations for City Officials to be held March 8, 9 & 10 in Los Angeles. 9. Notice of the Industrial Safety Conference to be held February 2 & 3 in Los Angeles. 10. Copy of program, Improving the Quality of Urban Life, received from HUD. MINUTES -City Council Meeting January 24, 1967 Page Nine 11. Notice of Planning Conference to be held in Asilomar on February 11. 12. Letter from Supervisor Kidwell dated January 3 re: tickets for Muriel Porter Night. 13. Reminder and invitation to the Council from Chief Holeman to attend the Zone meeting scheduled for January 26 at the Golden Tee. MOTION: Councilman Bickford moved that the correspondence be filed. Councilman Bowen seconded. Motion passed unanimously. ADJOURNMENT: MOTION: Councilman Bowen moved that we adjourn to executive session to discuss personnel matters. Councilman Bickford seconded. Motion passed. Meeting adjourned at 10:40 P.M. RECORDED BY: 2 , C. TED WHIT City C er MINUTES - Morro Bay City Council Executive Session January 24, 1967 10:50 P.M. Morro Bay Recreation Hall Mayor Surfluh called the executive session to.order,and stated this was called to discuss personnel matters. Mayor Surfluh asked'Mr. White to set forth his proposal. Mr. White stated there is still a need for.either a Planning Director 1. or an Assistant Planning Director to cover the City's responsibility for this service. He reviewed the Council's efforts in trying to fill the position of Planning Director with no success, and recommended•Mr. Malcolm Little, Chief Building Inspector for the'City,'be assigned the duties of Assistant Planning Director. This recommendation is based on the fact that Mr. Little is currently acting in this capacity in his every day duties in serving the public. He further stated that•he is doing, and has done, an excellent job in working with the planning consultants, the acting Planning Director, Ned Rogoway, and the Planning Commission. Discussion held relative to the duties of Mr. Little and the need for more depth in administration within City Hall. After lengthy discussion, it was determined that the position of -Administrative ' Assistant would be authorized. MOTION: Councilman Bowen moved that the position of Administrative Assistant be authorized and that Malcolm Little be appointed to the position; salary to be at Step 3 of Range 30 of the current salary schedule. Seconded by Councilman Bickford. Roll call vote: AYES: Councilmen Bickford, Bowen and Mayor Surfluh NOES: Councilmen Keiser and Mallery Motion passed. Further discussion was held relative to the.services of Mr. Ned Rogoway, County Planning Director, as acting Planning Director by contract with the City. Mr. White indicated that we are not now receiving the amount of services that we are entitled to under.the provisions of the contract. He further stated the contract is subject to renewal and recommendations will be made for the type of service required .for the City.' MOTION: Councilman Bowen moved that the meeting be adjourned. Mayor Surfluh seconded. Passed unanimously. Meeting adjourned at 11:15 P.M RECORDED BY: : C. TED WHITE, City Clerk I • CITY OF MORRO BAY • OFFICE MEMORANDUM Date rl SG 6 6 NOTICE OF SPECIAL MEETING Under the provisions of Section 54956 of the Government Code, Notice is hereby given that a special meeting of the City Council of the City of Morro Bay will be held on Friday, January 20, 1967, at 10:00 A.M. in the Morro Bay City Hall, 595 Harbor Street, Morro Bay, California, to consider the following matters: 1. Resolution authorizing County Hydraulic Engineer to act for and in behalf of the City of Morro Bay in obtaining financial assistance under the Federal Disaster Act 2. Resolution adopting and submitting an amended budget for expenditure of funds allocated from the State Highway Fund to .cities (2107) 3. City -State Agreement 4. Pending litigation 5. Personnel matters C. TED WHITE, City Clerk CIty of Morro Bay, Calif. January 18, 1967 MINUTES - MORRO BAY CITY COUNCIL Special Meeting January 20, 1967 10:00 A.M. City Hall Conference Room Mayor Surfluh called the meeting to order at 10:01 A.M: ROLL CALL: PRESENT: Councilmen Bowen, Keiser', Mallery & Mayor Surfluh ABSENT: Councilman Bickford The City'Administrator stated proper notice of this meeting had been given to each member of the City Council and to the news media. 1. The first item to be considered was RESOLUTION NO. 6-67, RESOLUTION AUTHORIZING COUNTY HYDRAULIC ENGINEER TO.'ACT FOR AND IN BEHALF OF THE CITY OF MORRO BAY IN OBTAINING FINANCIAL ASSISTANCE UNDER THE FEDERAL DISASTER.ACT. ' City Attorney, Michael Phelan, arrived at 10:0 A.M. Resolution No. 6-67 was read in its entirety. MOTION: Councilman•Keiser moved for the adoption'of Resolution No. 6-67:. Councilman Bowen seconded. Roll call vote: passed unanimously. 2. The second item to be considered was RESOLUTION NO. 7-67,,RESOLUTION ADOPTING AND SUBMITTING AN AMENDED BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE ' STATE HIGHWAY FUND TO CITIES (2107) Mr. White reviewed the requirements for submitting an amended budget to the Division of Highways. The amount included in the amended budget represents the funds to be accrued to this account during this fiscal year, plus carry-over from prior years. The State re- quires that we submit a new project statement for the proposed construction on Atascadero Road and adjacent to the proposed lease site to Central Coast Investors. The extension of the Embarcadero was formerly known as Select System Project No. 25, but due to the. fact that we had changed the location of the initial phase and. added additional area, a new project must be approved as part of the budget for the expenditure of gas tax funds. This project will hereafter be known as Select System Project No. 35. Resolution No. 7-67 was then read in its entirety. MOTION: Councilman Bowen moved that Resolution No. 7-67 be adopted. Councilman Keiser seconded.. Roll call vote:. passed unanimously. MINUTES - MORRO Special Meeting January 20, 1967 Page Two 0 BAY CITY COUNCIL 3. The third item on the Agenda for''Council determination related to the City -State Agreement. Michael Phelan, City Attorney, presented each member of the Council with a copy of the proposed Final Settlement Agreement for their consideration. He reviewed each paragraph of the proposed Agreement and suggested that if the Agreement meets the approval of the Council in principle and substance they direct the City Attorney's Office to transmit this proposed Agreement to the State. Discussion held and Councilman Mallery questioned the words "and no other" in Paragraph 5. Further discussion held and it was . determined that it was not necessary to strike the ,words "and no other" at this time. After further discussion, it was determined that the words "operation and maintenance" be added after the word "administration," in Paragraph 5. Mr. White also requested that this copy of the proposed Agreement be identified by dating it with todays date, January 20, 1967. MOTION: Councilman Keiser moved for the approval, in principle and substance, of the proposed Agreement and that the City Attorney be authorized and directed to transmit the agreement to the State Lands Division with the indication that the City Council has reviewed and approved the aforementioned agreement in substance and in principle. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bowen, Keiser and Mayor Surfluh NOES: Councilman Mallery OTHER BUSINESS: Mr. White also brought to the attention of the Council that a meeting is to be held on January 21 in San Francisco re: the Federal Depart- ment of Housing and Urban Development. Discussion held and it was determined that it would be beneficial for Mr. White to attend this meeting. MOTION: Councilman Keiser moved to authorize the City Administrator to attend the meeting in San Francisco on January 21, 1967. Councilman, Bowen seconded. Passed unanimously. G. . MINUTES - MORRO BAY CITY COUNCIL Special Meeting January 20, 1967 Page Three Mr. White asked that Items 4 and 5 on today's Agenda be deferred until the next regular meeting of the Council to be held January 24, 1967. ADJOURNMENT: Mayor Surfluh entertained a motion to adjourn. MOTION: Councilman Bowen moved that the meeting be adjourned. Councilman Keiser seconded. Passed unanimously. Meeting adjourned at 10:50 A.M. RECORDED BY: t. C. TED WHITE, City•Clerk r, ;1! CITY OF MORRO BAY' AGENDA - City Council Meeting January 10, 1967, 7:30 PM Morro Bay Recreation Hall Call to order Pledge of Allegiance Invocation Roll call MINUTES 1. Regular meeting of December 27, 1966.", HEARINGS, APPEARANCES & REPORTS A-1 Appearance of J. Giannini re: City -State -meeting. UNFINISHED BUSINESS B-1 Ordinance No. 57, Card Room Ordinance (2nd-reading)' B-2 Lease to Central Coast Investors B-3 Request of G. Crill for permission to sublease portion of Lease Sites 134 to 137. B-4 Ordinance.No.:-51, Ordering.Sale of Abandoned Vessel "Sea Me" NEW BUSINESS C-1 Approval of plans for street construction, North Embarcadero from Treatment Plant to Morro Creek. C-2 Approval of plans for street construction, Atascadero Rd. from vicinity of Skate-Mor to Treatment Plant. C-3 Request for authorization to proceed with engineering and plan preparation for street construction,. Main St."& Quintana Rd. C-4 Request from Woods Animal Shelter re: Authority to enforce local ordinances. C-5 Resolution requesting formation of a Zone within the County Flood Control District to provide flood control on Morro Creek and Chorro Creek. C-6 Resolution authorizing County Health Department to enforce' provisions of the Health & Safety Code. C-7 Request authorization and funds to purchase draperies for: Recreation Hall. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 City Administrator a. Financial Report D-2 City Attorney D-3 City Council CORRESPONDENCE ADJOURNMENT Calender 1. City Council Meetings: January 24,.February 14 and 28, 1967. 2. Planning Commission Meetings: January 17,'February 7 and 21, 1967. 3. Park and Recreation Commission Meeting: January 19, 1967. . r !- 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting January 10, 1967 7:30 P.M. Morro Bay Recreation Hall Meeting was called to order with the Pledge of Allegiance.at 7:35 P.M. Mayor Surfluh gave the invocation. ROLL CALL: PRESENT: Councilmen Bickford, Bowen, Mallery & Mayor Surfluh ABSENT: Councilman Keiser MINUTES: Minutes of the regular meeting of December 27, 1966, were considered by the Council. MOTION: Councilman Bowen moved to dispense with the reading of the minutes and to approve said minutes a's written. Councilman.Bickford seconded. Motion carried. Councilman Mallery stated that on Page,2 under Ordinance.No. 54, the motion was not passed unanimously and asked,'that "unanimously" be stricken from the minutes. Councilman Keiser arrived at 7:37 P.M. MOTION: Councilman Bowen moved that the minutes be adopted as corrected. Councilman Bickford seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS: A-1 Appearance of J. Giannini re: City -State meeting Mr. White read a letter received from Mr. Giannini requesting that he be placed on the agenda for tonight's meeting. Mr. Giannini asked the Council to answer the following questions: 1. What claim does the State have to this property and why should they grab this property? 2. Do you feel the State should grab this 2 million dollars worth of parcels from the City of Morro Bay and the taxpayers?' 3. Why does not the Council pass a resolution opposing this State grab? MINUTES - MORRO BAY CITY COUNCIL January 10; 1967 Page Two 4. Why was Paragraph 2 of the Stipulation and Agreement changed to read "subject to -a final agreement between the City of Morro Bay and the State of California"7 5. There has been.no public discussion on this matter. I would like to know why. Mr. Giannini then read the questioned portion of Paragraph 2'of the Stipulation and Agreement, and stated that he had talked to some State officials -in Sacramento who stated that the chances of Morro Bay getting this property back are very, very remote. Lengthy discussion ensued among members of the Council, the City, Attorney and Joe Giannini, Mr. Phelan and Mayor Surfluh stated, in effect, that the fee'properties would not become trust properties and the revenue from this property would not be subject to trust restrictions. The wording of Paragraph 2 of the Stipulation and Agreement was changed because of the city's'desire to retain title to the property while agreeing that it would be used for harbor purposes for the benefit of the harbor. The agreement to be entered into by and between the City.and State is an operational agreement and no transfer,.of any fee title will occur. The facts relating to the December 12 meeting between Mayor Sur.fluh, City Attorney and the City Administrator with, representatives of the State Attorney General's Office,&the State Lands Commission were reported in full at the meeting of December 13, 1966. Public.dis- cussion was held and the aforementioned information was presented at that time. The final agreement to be entered into will be brought before the Council for their approval prior to submitting it to the State. Certain information relating to descriptions have'to be developed and forwarded to the State so they can prepare certain legal descrip- tions and this., with the agreement finally approved by the Council, will be submitted to the State Lands Commission for their action. UNFINISHED BUSYNESS: B-1 ORDINANCE NO. 57. AN ORDINANCE CREATING AND ADDING SECTION 6303 TO CHAPTER III TITLE VI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "CARD ROOMS" Mr. White read Ordinance No. 57 in its entirety. Ordinance No. 57 was read in full on December 27 and this.is the second reading.. MOTION: Councilman Bickford moved for the adoption of Ordinance No. 57. Councilman Keiser seconded. Roll call vote: unanimously passed. MINUTES - MORRO BAY CITY COUNCIL January 10, 196.7 Page'Three B=2 Lease to Central Coast Investors Mr. Bickford gave a report.of the meetings he.and Mr.�Mallery had. with Central Coast Investors relative to the proposed lease amendment agreement. He•stated'that general .points of disagreement are the term of the lease, nature of the street improvements,. flooding of Morro Creek and the hold harmless clause of the original lease. He stated that a tentative agreement had been arrived•at'whereby the leasehold would be moved entirely north of Morro Creek and the lease boundaries reestablished. He stated further that it was the recommendation of the committee to the Council that an offer be extended to Central Coast Investors whereby they would share the cost of the road -to be installed. Central Coast'Investors would install and entirely pay for the 'curbs, gutters and sidewalks along the frontage of the proposed road, and pay for 1/2 of the cost of the base material and asphaltic paving to City specifications. City would provide for.1/2 of the cost of the base material and asphaltic paving on the westerly 1/2 of the road, and provide for the cost of engineering and any contingencies. that may be required. It was also the recommendation of the committee that the lease term be for a period of 40.years, that the revenue be based on 7-1/2% of the gross receipts with a minimum rental'of $3,600 per.year. Discussion was held regarding the minimum annual rental and whether this was a proper use for these lease sites. Mr. Bob Mills,.repre- senting Central Coast Investors was heard from, as were Jack Tabor, partner in Central.Coast Investors and Dr. G. Warren Johnson,, partner in Central Coast Investors. Mr. Jack Youngs, Morro Bay realtor, commented that he felt that .this property was too valuable for the specified use and could be utilized in a better manner than for a trailer park -campground. MOTION: Councilman Mallery moved that we 'inform Central` Coast Investors of.;the position of the City Council and that we offer them a.40 year lease` term, that they agree to participate in the ' public improvements 'as specified in the memo to. the City.Counci'1 from C. Ted White dated January 10, 1967.' Councilman Keiser seconded. .Unanimously' passed. Representatives of Central.Coast''Investors were asked.if they.could get an answer to the City by Monday,'.January 16.' They indicated that* they would be able to_ make the determination if the conditions of the' Council imposed were acceptable to Central Coast Investors by that date. MINUTES - MORRO BAY CITY COUNCIL January 10, 1967 Page Four RECESS: 9:35 P.M. RECONVENED: 9:45 P.M. Request of G. Crill for permission to sublease portion of Lease Sites 134 to 137. Mr. Phelan, City Attorney, reviewed the original lease with Mr. Crill relative to the basic rent, reappraisal period and the renewal period. Lease Sites 134 and 135 are now subleased to Charles Sites. The City Attorney recommended that the Council resubmit the lease amendment agreement to Mr. and Mrs. Crill for their consideration. Discussion held among members of the Council regarding this sub- lease. MOTION: Councilman Bowen moved that we resubmit this agreement and request that they inform the Council, in writing, of the specific reason for the disagreement. Councilman Keiser seconded. Passed unanimously. B-4 ORDINANCE NO. 51. ORDINANCE ORDERING SALE OF ABANDONED VESSEL PURSUANT TO SECTION 522 OF THE HARBORS AND NAVIGATION CODE AND NOTICE OF INVITATION OF BIDS. (Sea Me) The City Attorney reviewed the actions that have transpired in'this matter since the first reading of this ordinance, and stated a letter from the owner's attorney has been received wherein he recommended that the City sell or dispose of the vessel "Sea Me". The City Attorney recommended to the Council that the City attempt to sell the vessel in accordance with Section 522 of the Harbors and Navigation Code. Ordinance No. 51, as revised, was reviewed for the benefit of the Council and those present. City Attorney recommended that Ordinance No. 51 be accepted, as modified,,'as the first reading. Ordinance No. 51 was then read in its entirety. MOTION: Councilman Bowen moved that this be accepted as the first reading of Ordinance No. 51. Council- man Bickford seconded. Discussion held. Roll call vote: passed unanimously. Second reading to be January 24, 1967. NEW BUSINESS: C-1; C-2 Approval of plans for street from Treatment Plant to Morro construction, North Embarcadero Creek. MINUTES - MORRO BAY January 10, 1967 Page Five CITY COUNCIL The City Administrator reviewed this project for the benefit of the Council and those present. Plans were presented to the Council' by Sam Taylor, City Engineer, who reviewed the proposed alignment and street construction. The construction of this portion of the road is contingent upon acceptance by Central Coast Investors of the lease amendment agreement proposed under Item B-2 on this Agenda. Mr. Taylor also reviewed the area of proposed street construction on Atascadero Road from the vicinity of Skate-Mor to the'Treatment Plant, which is listed as Item C-2 on the Agenda. This was done because the two projects connect with one another at.the_Waste- water Treatment Plant and are, in effect, one project. Mr. White stated that Item C-2 is a proper, budgeted item for the 1966-67 fiscal year. RESOLUTION NO. 1-67. RESOLUTION APPROVING PLANS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON THE NORTH EMBARCADERO FROM STATION 34+00 TO STATION '49+00 (SELECT SYSTEM PROJECT NO. 25) Mr. White read Resolution No. 1-67 in its entirety. MOTION: Councilman Bowen moved that Resolution'No. 1-67 be adopted. Councilman Bickford seconded. Roll call vote: passed unanimously. RESOLUTION NO. 2-67. RESOLUTION APPROVING PLANS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON ATASCADERO ROAD (FORMERLY 66TH STREET) BETWEEN HIGHWAY 1 AND THE WASTEWATER TREATMENT PLANT (SELECT SYSTEM PROJECT NO. 25) Resolution No. 2-67 was read in its entirety.by the City Administrator. MOTION: Councilman Bickford moved that Resolution No. 2-67 be adopted. Councilman Bowen seconded. Roll call vote: unanimously passed. C-3 Request for authorization to proceed with engineering and plan preparation for street construction, Main Street & Quintana Road. Mr. White reviewed this request for the Sam Taylor reviewed the proposed design on a large'aerial map displayed for the Comments were heard from members of the struction of the new road and the need and gutters in this area. benefit of the Council. Mr. and location of this project benefit of those present. audience regarding the con - for the installation of curbs a MINUTES - MORRO BAY CITY COUNCIL January 10, 1967 Page Six MOTION: Councilman Keiser moved that the authorization to proceed with the engineering,and plan preparation for street construction, Main Street and Quintana Road, be approved. Councilman Bickford seconded. Passed unanimously. C-4 Request from Woods Animal Shelter re: Authority to enforce local ordinances. Mr. White requested that the Council direct this to staff for further study and report back. MOTION: Councilman Bickford,moved that this be submitted to staff for report back. Councilman Keiser seconded. Passed unanimously. C-5 Resolution requesting formation of a Zone .within the County Flood Control District to'provide flood control on Morro Creek and Chorro Creek. Mr. White stated that during heavy rains there are serious flooding problems in the Morro Creek and Chorro Creek basins. RESOLUTION NO. 3-67. RESOLUTION REQUESTING BOARD OF SUPERVISORS TO AUTHORIZE CREATION OF.A ZONE OF THE COUNTY FLOOD.CONTROL DISTRICT. Resolution No. 3-67 was read in its entirety. - MOTION: Mayor Surfluh moved that Resolution No. 3-67 be adopted. Seconded by Councilman Bowen. Roll call vote: unanimously passed. C-6 RESOLUTION NO. 4-67. RESOLUTION AUTHORIZING COUNTY HEALTH DEPARTMENT TO ENFORCE PROVISIONS OF -THE HEALTH AND SAFETY CODE. Mr. White read a letter dated December 30, 1966 from the County Department of Public Health. Resolution No. 4-67 was then read in its entirety. Discussion held regarding the authority of the County Department of Public Health to enforce said provisions. MOTION: Councilman Keiser moved that Resolution No. 4-67 be adopted. Councilman Bickford seconded. Roll call vote: passed unanimously. MINUTES - MORRO'BAY CITY COUNCIL January 10, 1967 Page Seven C-7 Request authorization and funds to purchase draperies for Recreation Hall Mr. White stated that since the draperies.in the Recreation Hall are in such poor condition „ it is requested that funds for new draperies be granted. He stated quotations were obtained locally.and,presented said prices to the Council. Discussion held. MOTION: Mayor Surfluh moved that we defer action on this matter until budget time. Councilman Mallery seconded. Passed unanimously. OTHER BUSINESS: Mr. White stated that John E. Mahoney was -erroneously billed.for weed abatement and requested that the City be authorized to refund the amount of $8.00 to Mr. Mahoney. MOTION: Councilman Mallery moved that $8.00 be refunded to John E. Mahoney. Councilman.Bickford seconded. Passed unanimously. INDIVIDUAL DETERMINATION AND/OR ACTION: D-la Financial report Mr. White presented the financial report for the period December 16 thru December 31, 1966, to the Council. .Councilman Keiser questioned the bill for "Steve Metz Teen Band", and Mr. White stated that the dance held by the Recreation Department paid for this in full. MOTION: Councilman Bickford moved that we approve this.' expenditure report. Mayor Surfluh seconded. Roll call vote: unanimously passed. D-lb RESOLUTION NO.'5-67. RESOLUTION EXPRESSING APPRECIATION TO MURIEL PORTER Mr. White read Resolution No. 5-67 in its entirety. MOTION: Councilman Mallery moved that Resolution No. 5-67 be adopted. Councilman Bickford seconded. Roll call vote; unanimously passed. Councilman Keiser asked that all of the Councilmembers.sign the resolution to Mrs. Porter. • D-lc Mr. White read a notice of the annual conference for Pining Commissioners to -be held.February 11 in Asilomar. D-2 City Attorney Nothing at this time. MINUTES - MORRO BAY•CITY COUNCIL January 10, 1967 Page Eight D=3 'City Council (a) Councilman Keiser stated,that she has been approached regarding closing the Morro Rock Park during the winter season. Mr. Willhoit spoke regarding this matter stating that he would like to see Morro Rock Park closed during the winter season as potential customers will camp at this park, as there is no charge, instead of occupying a private trailer park. Discussion held among members, of the Council. MOTION: Councilman Mallery moved that we have an ordinance prepared prohibiting camping in the area of the Morro Rock Park during the winter season. Councilman Keiser seconded. Passed unanimously. (b) Councilman Keiser asked that a committee comprised of one representative from the Chamber of Commerce, one from the Taxpayers' Association and business people to make a study of how we could obtain more revenue for the City. 'Discussion held. MOTION: Councilman Keiser moved that a committee com- prised of one representative from the Chamber of Commerce, one from the Taxpayers' Association and business people to make such a study. Councilman Bickford seconded. Said committee to consist of 5 or 6 people, to be selected by the Council. Council to submit names. Motion passed unanimously. CORRESPONDENCE: 1. Copy of the minutes of the meeting of the Fish and Game Commission held October 26, 1966. 2. Copy of the Motor Vehicle License Fee Fund for the period June 1 thru November 30, 1966. 3. Copy of letter and resolution from the City of San Luis Obispo re: 1% Sales Tax. Mr. Phelan reviewed this matter and recommended that no action be taken until City Attorney reviews this with Mr. Conrad. City Attorney to report back. 4. Copy of a memo to City Councils from the League of Calif. Cities re: annualappointment by New League President. 5. Memo from Department of the Army re: redefinition of the meaning and application of Civil Defense Warning Signals., MINUTES - MORRO BAY CITY COUNCIL January 10, 1967 Page Nine Mr. White reviewed these signals for the benefit of the Council and those present, and stated that an alert signal will be held on January 16, 1967 at 12 noon. 6. Letter from League of California Cities re: Administration of the Collier -Unruh Gas Tax Program. 7. Letter and publication from the State Department of Public Works re: Intergovernmental Information Systems. S. Letter from the County of San Luis Obispo Fish & Game Fine Committee re: opposition to closing of beaches to vehicular traffic. 9. Memo from Cuesta College re: Cuesta College Community Services lecture. 10. Agenda of the Harbors and Watercraft Commission meeting to be held January 23, 1967 in Blythe, California. 11. Copy of the minutes of the Morro Bay Chamber of Commerce. MOTION: Councilman Bowen moved that the correspondence,be filed. Mayor Surfl'uh seconded. Unanimously passed. ADJOURNMENT: MOTION: Councilman Keiser moved that we' -adjourn-. Mayor Surfluh seconded. Passed unanimously. Meeting adjourned at 11:45 P.M. RECORDED BY: C.TED WHITE, City�c