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January to December 1965
f,. i CITY OF MORRO BAY AGENDA - City Council Meeting December 28, 1965 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of December 14, 1965. 2. Special meeting of December 21, 1965. HEARINGS, APPEARANCES & REPORTS A-1. Hearing on Notice of Intention to Abandon City Streets - Portion of Norwich Avenue and Spencer Drive. A-2. Hearing on the adoption of Street Names and Numbers. A-3. Financial report. UNFINISHED BUSINESS B-1. Resolution relating to streets. B-2. Ordinance No. 36, An Ordinance Creating and Adding Part V to Chapter I, Title IV of the Morro Bay Municipal Code (Moving of Buildings). (Second and final reading) B-3. 701 Planning Program. NEW BUSINESS C-1. Improvement District No. 2 proceedings. C-2. Matter relating to statement of qualifications on nomination papers for the office..of Councilman. C-3. Freeway Maintenance Agreement. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: January 11 and 25, 1966. 2. Planning Commission Meetings: January 4 and 18, 1966. M MINUTES - City Council Meeting December 28, 1965 Morro Bay Recreation Hall The regular meeting of the City Council convened at 7:35 P.M. with the Pledge of Allegiance. Mayor Jack Surfluh gave the invocation. ROLL CALL Present: Councilmen Crass, Payne, Zinn and Mayor Surfluh Absent: Councilman Bowen MINUTES Mr. White noted that the regular Minute Clerk was ill and reading of the minutes for the regular meeting of December 14, 1965 and the special meeting of December 21, 1965, was deferred until the next regular meeting. HEARINGS. APPEARANCES AND REPORTS A-1 In the matter of hearing on Notice of I'ntention to Abandon City Streets - Portion of Norwich Avenue and Spencer Drive. Mayor Surfluh noted that the City Attorney was not present and that it seemed better to defer this matter until he arrives to present his views on the matter. A-2 In the matter of hearing on the Adoption of Street Names and Numbers. Following the reading by Mr. White of the suggested street names presented by the Planning Commission, Mayor Surfluh commented on the reasons for the changes presented. Mr. White also explained the difficulties encountered with names with similar sounds, such as "Pecho" and "Pico". Mayor Surfluh asked Mr. Bickford to comment on the reasons for the suggestions made by the Planning Commission. Mr. Bickford explained that Spanish names had been chosen because they seemed to carry out the heritage of the area and that a minimum number of changes had been recommended. He noted that not everyone was in agreement with the suggestions but that not everyone could be pleased entirely. Mr. Bickford stated that the suggested changes would better enable visitors to find addresses and locations within the City of. Morro Bay. Councilman Zinn noted that at the last public hearing the Council had directed the Planning Commission to prepare an alternate list of English names and wondered if this list should not be read also. Mayor Surfluh agreed that both Spanish and English name lists should be presented. Mr. Bickford explained that the lists should be used in their entirety, either all Spanish names or all English names. Mayor Surfluh invited Mr. Bickford to come forward and work directly from the map to answer questions that might arise. Mr. White pointed out that in the list of English names, streets in North Morro Bay had been given names of trees while names of authors had been used in South Morro Bay. Mr. Payne suggested that the dis- cussion be opened to members of the audience and invited their comments. MINUTES - City Council Meeting December 28, 1965 PAGE TWO Mayor Surfluh then invited members of the audience to express their views on the matter. Mr. Bob Gannon stated that he had a sport fishing business and that it would be very costly to change business cards, signs and. advertise- ments. He suggested that there was more Portuguese and Swiss heritage than Spanish and that duplicate names be changed by adding the word "North" to the existing street name. He wondered if the Council was aware of the expense to businessmen that changing of street names would incur. Fie also suggested that house numbers be changed, rather than streets. Mayor Surfluh asked Mr. Bickford if he had an answer to this problem and Mr. Bickford explained that the present system of house numbers was in pretty good shape but the basic problem was that the street numbers did not fit with the house numbers. He stated that the commission was aware of the expenses involed in changing business cards, letterheads and other advertising but that this could be spread over several years and could be changed a little at a time as old cards were used up. Mr. Jack Young commented that he had talked to a number of people and he could see no reason for changing Fifth Street or Main Street and that all the streets from First through Ninth could remain unchanged. He noted that too many changes had been suggested and that only actual duplicate names should be changed. Mr. Young stated that he did not favor the use of Spanish names. Judge Fred Schenk objected to Mr. Bickford's position of answering questions and stated that it was not fair to have a proponent for the plan to speak in opposition. He suggested that there was a great difference between selling and explaining. He also felt that too many changes were being suggested and that it was easier and cheaper for businessmen to change a number than an entire address. He recommended only minor changes at this time and more as they became necessary in the future. Judge Schenk further suggested that the matter be placed on the ballot in the Spring elections. Mayor Surfluh explained that Mr. Bickford had been asked to comment only to help clarify the matter to those interested and that no one was trying to force acceptance of the proposed plan. Mr. Bickford stated that a plan to call one part of Morro Bay North and the other part South had been considered but it did not seem advisable as this tended to split the town rather than consolidate it. Mayor Surfluh asked if there was anyone else who opposed the street name plan and Mr. Fred Donohoo, president of the Morro Bay Chamber of Commerce, stated the resolution that the Council had on hand, from the Chamber, opposing the changing of streets in the downtown - area, still stood and still represented the feeling of the Chamber. Mrs. Kit Walling stated that she had attended each of the hearings held and that she greatly favored the adopti..on of Spanish.names'for streets. She noted that she had lived in the community for the past 51 years and she felt the changing of street names would be a definite asset. MINUTES - City Council Meeting December 28, 1965 PAGE THREE Mayor Surfluh asked for comments from members of the Council. Councilman Zinn stated that he felt like many who had commented that some changes were needed but that simplicity should be the keynote and changes be held to a minimum. He noted that while there were 56 suggested name changes in the Spanish name list, only half as many were suggested from the English name list. He spoke of the problems involved in having an address in the 900's on Sixth Street'and felt that renumbering might be the answer. Mr. Zinn continued that he felt that if Spanish names were to be used, all the streets should be changed to Spanish names, not just some of them. Mr. White again clarified the reason for changing names because of the duplicate names existing and because of names that sounded alike. He noted that the City's chief problem was one of being able to find locations readily, especially in the case of Police and Fire emergen- cies. Mr. Elston Kidwell spoke from the audience and stated that a plan for clarification of street names had been initiated some nine months ago and that much work and many hours of thought had gone into the present plan. He also stated that in his opinion people would neglect to use the prefix "north" in an emergency and that people coming into town would enter on Fifth Street and be looking for Second Street when they were really looking for an address on.North Second. He stated that this would only add to the present confusion. Mr. Kidwell stated that he personally favored the Spanish names because he enjoyed the sound of them and that he felt that calling part.of the town "North" and part "South" was not the answer. Mrs. G. L. Homfeld said she was in favor of keeping the business streets unchanged but that when she had worked as a public health nurse she had met with much confusion in addresses. She stated that changing the north part of town by adding the word "North" to the street would do little good because half of the people living there would not make the change and the confusion would be even greater than before. Mrs. Homfeld agreed with those who felt that the use of North and South would separate the community and attempts at unity would be lost. Mr. Graham explained that when the Planning Commission was handed the job they were asked to review the problem and come up with names, and had ultimately supplied a list of Spanish names. He noted that some said they would prefer English names and so it came back to the Com- mission again for an alternate list which suggested English names in place of the Spanish names. He explained that the request did not indicate the entire plan of street naming be changed, only the sub- stitution of English for Spanish names. He explained that while there was some inconvenience to businessmen in changing the numbered streets, the Post Office would continue to make deliveries to the old addresses over a three year period and that he did not concur with the plan of separating the Del Mar and Morro Bay areas by the use of North and South names. Mr. Gannon spoke again stating that we have to work this thing out to please ourselves and the majority of the people, the Police Depart- ment and Fire Department for the fastest way of finding an address. MINUTES - City Council Meeting December 28, 1965 PAGE FOUR Mr. Joe Giannini stated he personally felt that if any changes were to be made he would prefer the alternate plan rather than the Spanish names. He thought we should take it as easy as possible on the whole program and that a new city should go a little slow. Mr. Zinn stated he thought the Planning Commission should be given a vote of confidence for the many hard hours they have worked on this. They did what they were instructed to do. Mr. Payne stated that the council had put this in the hands of the Planning Commission and they have done a very good job. He, at first, was for changing the complete area, but feels now we should go easy also. He stated they should change only those names that were the same or closely sounding. The numbering system should be changed also. He found in talking to the people in his area that there has been more objection right along and he has had to change his mind about this. Mr. Crass stated he felt the Council should defer this to evaluate the discussion that they have heard tonight. Motion: Mr. Crass moved that we continue this hearing to January 25, 1966 meeting. Mr. Payne seconded. Motion carried. A-1 Mayor Surfluh then directed the Council to refer back to item A-1 on the agenda, hearing on Notice of Intention to Abandon City Streets, portion of Norwich Avenue and Spencer Drive. Mr. White explained the purpose of this hearing and stated all signa- tures to the property abutting the streets to be abandoned have been received. Action on.an access easement has been recorded by the County Recorder on the one parcel that would have been isolated. Mayor Surfluh asked if there was anyone who wished to speak in favor of or against the proposed abandonment. Mr. Neil Moses asked just exactly where this was located and stated his concern for indiscriminate abandonment of public streets. Mr. White displayed the area on a map, stated this portion lies directly behind Mel's T. V. Shop and Harry's Upholstery Shop. He stated this particular piece of property is steep in grade and could not be used for a street. It starts nowhere and leads nowhere. It is backed up along the side of the fence to the freeway. It is further complicated by a large drainage ditch that will require a 75 inch culvert. It would be up to the owners to put in the culvert if the street is vacated. It would save the City several thousand dollars in granting this and will also put the property back on the tax rolls. Mr. Moses stated several instances where efforts have been made to abandon what are now major thoroughfares. He stated that caution should be used in abandonment proceedings. Mr. Payne stated the Council had looked over this petition a number of times and felt if there were no people against it we should proceed with it. MINUTES - City Council Meeting December 28, 1965 PAGE FIVE Mr. White stated the request had previously been submitted to the Planning Commission and they have viewed the site. and attested to its feasability. The City Engineer, Director of Public Works and Councilmen have all viewed it. It would be better to get this prop- erty back on the tax rolls instead of leaving it vacant and unde- veloped. He also stated we must determine by survey the extent of existing rights of way, Pacific, Gas and Electric easements and the Telephone Company easements. Mayor Surfluh requested Mr. McIntire to review what we would have to do to accomplish the vacation of the aforementioned streets. Mr. McIntire stated it is recorded by an abandonment resolution pass- ed by the City Council. It should consider the wishes to reserve easements for utilities, sewer, waterlines, etc. If at some future date it becomes necessary or desirable to place a water line, it may- be well to reserve the right to do it. As a suggestion, maybe the Council wishes to reserve the right for the easement to Cable T. V. in the future. He stated that he would prepare whatever documents the Council wished to do in this matter. If some physical work is required to really document this action, I would suggest that the Council defer this to the next regular meeting. Motion: Mr. Crass moved that we defer any action on this to the next meeting or at such time as our City Attorney has prepared a resolution acceptable to us. Mr. Zinn asked that the motion include "until we get a sufficient survey". Mr. Zinn seconded the motion. Motion carried. Mayor Surfluh stated that this matter would be placed on a future agenda. A-3 Financial Report. Motion: Mr. Zinn moved the financial report be accepted. Seconded by Mr. Payne. Motion carried. A-4 Report from City Attorney on City litigation. 1. Mr. McIntire stated Mr. Kardel would be in the hospital for major surgery and would be out of commission for the next several weeks. Mr. McIntire also stated with respect to the litigation report, Thomas suit, Thomas et al vs. City et al. Since the last meeting we have filed a number of documents. They will be public record within the next few days. When we reviewed this matter in depth, a question arose in our minds, if the people who were the owners of the upland property agreed in writing to the location of their westerly boundary they would have been bound by the county survey that established said westerly boundary. The County set roads, etc.,based upon those agreements. How do the plaintiffs now claim their property lies west of what they once agreed was the westerly line? We have copies of these agreements. Some of the plaintiffs have succeeded to the agreements, some are the same people who signed these agreemehts. This is one of the agreements. 01 0 MINUTES - City Council Meeting December 28, 1965 PAGE SIX The undersigned is dated May 27, 1947 signed by Lawerence F. Carver who is one of the plaintiffs. A review of the action discloses he has the same property now that he had in 1947. We feel that it is natural to ask the question why the change and how does he explain it. Many of the plaintiffs are lessees of the property they are claiming. When the Embarcadero road was laid out, it was put where it was on the understanding that that was the westerly boundary of the private property. I assume the plaintiffs will have some information of this and this is what the hearing will be about. We have recently sent each a letter outlining an offer of compromise on behalf of the City. We are now preparing that judgment and when it has been prepared we will submit it to Mr. Murphy for an analysis for his acceptance or rejection of it. This letter, in effect, is the eleventh hour offer to compromise to avoid any further litigation and strife on the Water- front. We do not know what response it will generate. Mr. Crass asked if there has been any attempt to negotiate with or have held a meeting with the plaintiffs or their attorneys in recent past. I understand some of them say that our attorneys have refused to meet with Mr. Murphy. Mr. McIntire stated that the statement that we have refused to meet with Mr. Murphy is totally untrue. He stated we have never had the opportunity to meet because he has never directly requested us to meet with him. We received word indirectly last summer that he was willing to meet with us for settlement conference. After that we have had no indication from any of the plaintiffs that we should meet or that he desired a settlement conference. Quite the contrary, on November 4th, we wrote a letter to Mr. Murphy in which we invited him to a conference. We said we would appreciate his advising us, and we would appreciate his setting a date. Mr. Murphy responded to the letter but not to that part of the letter. He has never sent us a letter and we have received no indication that he wished a conference. Mr. Crass stated he has heard this a number of times and they were very critical of our attitude and the attitude of our attorneys. 2. Mr. McIntire stated he had an item of business which is one with which the Council is familiar, the public is not. As you know last summer the City filed an action in the Justice Court seeking to deter- mine the right of the City to the possession of the building of the Harbor Office. In the hearing on that matter before Judge Jensen of Solvang, the County asked to transfer it to Superior Court. They argued their position. A week ago Thursday, the City.Clerk was served with a copy of a new lawsuit which the County initiated, this time against the Justice Court. The County instituted to prohibit the Justice Court from deciding the matter which the court had already acted on. In this new County action, the City will be defending its own interest and it will also represent the Judges who are named as the defendants and the Justice Court. We have obtained an extension of time.. No further action in court will be required until after February 28th. 3. In the bed tax matter, we have submitted the findings of facts and submitted the petitions in that case. They have filed an objection and there will probably be a hearing before Judge Smith in chambers to straighten it out. MINUTES - City Council Meeting December 28, 1965 PAGE SEVEN UNFINISHED BUSINESS B-1 Resolution No. 160-65. RESOLUTION RELATING TO PUBLIC HIGH- WAYS AND STREETS ITHIN THE CITY LIMITS OF THF..CITY OF MORRO BAY. Mr. White stated as an explanation he would read a letter addressed to the City Council from our City Attorney in regards to streets, alleys, and roads in Morro Bay. A copy of the letter is on file in City Hall. Mr. McIntire stated he has prepared a resolution vesting title in the streets to the City. What we are suggesting is that the City Council, if the City can't obtain the cooperation of the County in this matter, move ahead on its own initiative and adopt this resolution. On the history of the matter, very early this year this'Council requested a quitclaim deed to the streets. The deed submitted to the County exclud- ed the streets along the water front. We were informally advised that there were some objections to the deed because of the exclusion. In July the City passed a resolution leaving out the exclusion clause. The Board rescinded this deed and have not acted on a new one. We have been advised by the District Attorney's Office that the problem now is one of inclusion, not exclusion, of the property along the water front which the County is claiming they own. Mr. McIntire stated we could request another deed transferring the streets.to the City or we may also obtain that same deed from the County through a court proceedings, writ of mandamus. Mr. Payne asked if this resolution stands the way it is, can we go after the deed some other time? Mr. McIntire stated yes. The point is to pass this resolution prior to abandoning any streets. The City wants to have something of record that it is the appropriate entity to administer the streets. Mr. Crass stated there was a court decision stating that upon incorpo- ration we automatically took over the Water Department, Fire Department, and various other functions and it seems like it is rather ridiculous to leave out the City streets which are going to be maintained by the City. He thought this resolution would be sufficient and the only way to refute this would be to challenge this in some matter and prove it is not true. Therefore, he felt this was the course of action to take. Mr. White read Resolution No. 160-65 in its entirety. Motion: Mayor Surfluh moved the adoption of Resolution No. 160-65. Seconded by Mr. Zinn. Roll call vote, passed unanimously. B-2 ORDINANCE NO. 36,. ORDINANCE CREATING AND ADDING PART V TO C AP ER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE (MOVING OF BUILDINGS) Mr. McIntire read amendments to Ordinance No. 36, an Ordinance Creating and adding Part V to Chapter I, Title IV of the Morro Bay Municipal Code. (Moving of Buildings) Motion: Mr. Zinn moved to read by title only. Seconded by Mr. Crass. Roll call vote. Motion carried unanimously. MINUTES - City Council Meeting December 28, 1965 PAGE EIGHT Mr. White read the title to Ordinance No. 36. Motion: Mr. Payne moved in regard to Ordinance No. 36 that we accept this as the first reading. Mr. Crass seconded. Motion carried. B-3 Resolution No. 161-65. RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF MORRO BAY PURSUANT TO CHAPTER 1641, STATUTES OF 1959. Mr. White stated the next item on the agendais a resolution approving the contract for the 701 Planning Program.- Resolution No 161-65. Motion: Mr. Crass moved we read Resolution Na 161-65 by title only. Seconded by Mr. Payne. Roll call vote. Motion carried. Mr. White read Resolution No. 161-65 by title only. Motion: Mr. Zinn moved that Resolution No. 161-65 be adopted. Seconded by Mr. Crass. Roll call vote. Motion carried. RECESS: 10:05 P.M. RECONVENED: 10:20 P.M. NEW BUSINESS C-1 Improvement District No. 2 Proceedings. Mr. White displayed a map showing the total area of the proposed Improvement District. A petition was received on December 14, 1966 requesting these improvements be installed. One hundred per cent of the owners of the property within the proposed district have signed said petition. Motion: Mr. Payne moved we file certificate dated December 28th from Garing, Taylor and Associates, Engineers, approving the boundary map. Seconded by Mayor Surfluh. Motion carried. Resolution No. 162-65. RESOLUTION APPROVING BOUNDARY MAP. Motion: Mr. Crass moved that we read Resolution No. 162-65 by title only. Seconded by Mayor Surfluh. Roll call vote. Motion carried. Mr. White read Resolution No. 162-65 by title only. Motion: Mr. Payne moved we adopt Resolution No. 162-65. Seconded by Mr. Crass. Roll call vote. Motion carried. Resolution No. 163-65. RESOLUTION OF PRELIMINARY DETERMINA- ION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS FOR THE IMPROVEMENTS AND ACQUISITIONS TO BE MADE IN IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA. Motion: Mr. Crass moved we read Resolution No. 163-65 by title only. Mr. Payne seconded. Roll call vote. Motion carried. MINUTES - City Council Meeting December 28, 1965 PAGE NINE Mr. White read Resolution No. 163-65 by title only. Motion: Mr. Zinn moved Resolution No. 163-65 be adopted. Seconded by Mr. Payne. Roll call vote. Motion carried unanimously. Resolution No. 164-65. RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZ NG EXECUTION OF AGREEMENT. Motion: Mayor Surfluh moved we read Resolution No. 164-65 by title only. Mr. Crass seconded. Roll call vote. Motion carried. Mr. White read Resolution No. 164-65 by title only. Motion: Mr. Payne moved we adopt Resolution No. 164-65. Seconded by Mr. Crass. Roll call vote. Motion carried. Resolution No. 165-65. RESOLUTION APPOINTING ENGINEER OF WORK AND AUTHORIZING EXECUTION OF AGREEMENT. Motion: Mr. Zinn moved Resolution No. 165-65 be read by title only. Seconded by Mr. Crass. Roll call vote. Motion carried. Mr. White read Resolution No. 165-6S by title only. Motion: Mayor Surfluh moved Resolution No. 165-65 be approved. Seconded by Mr. Payne. Roll call vote. Motion carried. Resolution No. 166-65. IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS ANHE ACQUISITION OF RIGHTS -OF -WAY AND EASEMENTS IN IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA. Motion: Mr. Zinn moved Resolution No. 166-6S be read by title only. Seconded by Mr. Payne. Roll call vote. Carried. Mr. White read Resolution No. 166-65 by title only. Motion: Mr. Zinn moved Resolution No. 166-65 be approved. Mr. Payne seconded. Roll call vote. Motion carried. C-2 Matter relating to statement of qualifications on nomination papers for the office of Councilman. Mr. White explained that it is up to the City Clerk to determine if the nomination papers for the office of Councilman are in order. When they are accepted they cannot be withdrawn. Ten signatures are required to file. The City Council must decide whether the City will stand the cost of publishing the statement of qualifications that each person filing may wish to include with his nomination papers. Costs may be from twenty to forty dollars per candidate. Mr. White further stated that the statement of qualifications was permissive and not mandatory. Mayor Surfluh stated he did not believe the Cityshould stand the cost. Mr. Crass felt it was not a big expense to the individual. MINUTES - City Council Meeting December 28, 1965 PAGE TEN Motion: Mr. Crass moved each candidate be responsible for his pro-rata cost of publishing his statement qualifications on the sample ballot. Mr. Payne seconded. Motion carried. C-3 Resolution' -No. 167-65. RESOLUTION OF THE CITY COUNCIL APPROVING FREEWAY MA NTENANCE AGREEMENT. Mr. White read a letter to the Public Works Director from the Division of Highways and added his recommendation for entering into said agree- ment. Motion: Mr. Zinn moved Resolution No. 167-65 be accepted. Seconded by Mr. Payne. Roll call vote. Motion carried. Mr. McIntire stated he had drawn up an agreement relating to the City Parks, Justice Park and Monty Young Park He understood that the County may be agreeable to granting a quitclaim deed to the City for the County parks provided that there is a County -City agreement stating that the City will always maintain an area of parks equal in size to the existing parks. Mr. Payne stated he felt this was a good approach to the solution of the transfer of the parks to the City. Mr. Zinn stated he thought it was a very good agreement, one we have. basically been striving for all along. Motion: Mr. Zinn moved we approve this agreement and authorize the Mayor to sign it. Mr. Crass seconded. Motion carried. TIME RESERVED FOR INDIVIDUAL ACTION Mr. Zinn stated that three Councilmen seats were up for election. He stated he would like to submit the proposal for salaries for the Councilmen. He will not be running for Councilman again and he will not receive this salary but feels that it is more than justified because of the time a Councilman has to devote to the City. Mayor Surfluh stated there is no question that a Councilman's job is done at quite a bit of expense to the individual Councilman. Passage of the enabling legislation indicates what the feeling is from legisla- tors who come up through the chairs in government. Mr. Zinn thought it would be an excellent inducement to a lot of good citizens who would not be willing to run for office without a salary. Mayor Surfluh stated he would like to see an ordinance prepared as soon as possible for submission to the Council. Motion: Mr. Zinn moved that the City staff be directed to prepare an ordinance whereby City Councilmen can be given the appropri- ate salary as proposed by the'State legislature. Seconded by Mr. Crass. Motion carried. MINUTES - City Council Meeting December 28, 1965 PAGE ELEVEN CORRESPONDENCE 1. Letter, dated December 28, 1965 (copy) which was sent to the Shell Oil Company by Mr. Drake, Chairman of the Morro Bay Planning Commission re: the size and height of the Shell Oil sign recently established at the station on Highway N1 and Atascadero Road in Morro Bay. 2. Letter, dated December 14, 1965, from the Morro Bay Garden Club thanking the Council for the privilege of using the Recreation Hall for their Christmas Sale, the proceeds of which go into the Civic Beautification Fund. 3. Letter, dated December 14, 1965, from the United States Coast Guard Auxiliary to Mr. Spellacy, Director of Public Works, extending season's greetings and thanks to him and his staff for assistance during the past year. 4. Letter, from the Scenic Highway 1 Committee; re: ways of promoting the motions adopted by this group. Received 12-20-65. Motion: Mr. Zinn moved correspondence be stamped received and filed. Seconded by Mr. Payne. Motion carried. Motion: Mr. Zinn moved the meeting be adjourned. Mr. Payne seconded. Motion carried. Meeting adjourned 11:39 P.M. RECORDED BY: l•�P2 U. Ted- kite, City Clerk e C1 MINUTES - City Council Meeting Special Meeting 9:00 P.M., December 21, 1965 Morro Bay Recreation Hall Roll Call PRESENT: Councilmen Bowen and Crass, Mayor Surfluh ABSENT: Councilmen Zinn and Payne The special meeting was called to order at 10:05 P.M. by Mayor Surfluh. This is a joint meeting of the City Council and the Planning Commission to discuss personnel matters with members of said Commission. Mayor Surfluh adjourned the meeting to Executive Session for that purpose at 10:10 P.M. Meeting adjourned at 11:42 P.M. Recorded by: i December 21, 1965 I, duly elected City Counculmen of the ty of Morro i8y do hereby waive notice of a special meeting of the City Council to be held at the Morro aay Recreation Hall on Tuesday, December 21, 1965 at approximately,9s00 P.M., or at the conclusion of the regularly scheduled meeting of the City Planning Commission. 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 December 21, 1965. 0- �a 2J C. Ted white, City Clerk December 21, 1965 duly elected City Councutman of the City.of Morro bay do hereby waive notice of a special meeting of the City Council to be held at the Morro iiay Recreation Hall on Tuesday, December 21, 1965 at approximately,9t00 P.M., or at the conclusion of the regularly scheduled meeting of the City Planning Commission. Signature. 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 December 21, 1965. C. Ted White, City Clerk December 21, 1965 duly elected City Counculman of the City.of Morro bay do hereby waive notice of a special meeting of the City Council to be held at the Morro bay Recreation Hall on Tuesday, December 21, 1965 at approximately,gs00 P.M., or at the conclusion of the regularly scheduled meeting of the,City Planning Commission. Signature. 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 December 21, 1965. Gales_ w � C. Ted White, City Clerk December 21, 1965 I, 1 duly elected City Counculman of the City of Morro bay do reby waive notice of a special meeting of the City Council to be held at the Morro iiay Recreation Hall on Tuesday, December 21, 1965 at approximately.9:00 P.M., or at the conclusion of the regularly scheduled meeting of the City Planning Commission. rr11 rf l� Signature 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 December 21, 1965. 2A z C. Ted White, City Clerk December 21, 1965 NOTICE OF SPECIAL MEETING There will be a specialmeeting of the City Council to be held at approximately 9:00 P. M., Tuesday, December 21, 1965, at the Morro Bay Recreation Hail, %th and E Streets, Morro Bay, California. AGENDA I. Call to order of special meeting. 2, Adjournment to executive session with members of the Planning Commission to discuss personnel matters. WJ S. Surfluh', Ma r lty of Morro Bay CITY OF MORRO BAY AGENDA - City Council Meeting December 14, 1965- 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of November 23, 1965. HEARINGS, APPEARANCES & REPORTS A-1. Presentation of certificates of completion - Police Department. A-2. Report on litigation -by and between Thomas et al and City, County and State. A-3. Progress report on street light installations. UNFINISHED BUSINESS B-1. Ordinance No. 33, An Ordinance Creating Chapter II to Title X of the Morro Bay Municipal Code Creating and Establishing Fire Zones. (Second reading) B-2. Ordinance No. 36, An Ordinance Creating and Adding Part V to Chapter I, Title IV of the Morro Bay Municipal Code (Moving of Buildings). (Second reading) B-3. Ordinance'No..37, An Ordinance Creating and Adding Division 8 to Part II, Chapter I, Title IV of the Morro Bay Municipal Code (Marine Docks and Structures). (Second reading) B-4. Ordinance No. 39, An Ordinance Amending the Temporary Zoning Map of the City of Morro Bay. (Second reading) B-5. Ordinance No. 40, An Ordinance Amending the Temporary Zoning Map of the City of Morro Bay. (Second reading) B-6. Street name and number plan. B-7. Assignment of Lease Sites 69, 70, 69W and 70W - Engvall to Tyler. NEW BUSINESS C-1. Petition - Improvement District No. 2. C-2. Discussion relating to supplemental water. C-3. Proposed 5th Street improvements. C-4. City parking requirements. C-5. Street Maintenance Contract. C-6. City Hall Additions - Change Order No. 2. C-7. Notice of Completion - Wastewater Treatment Plant. C-8. Petition protesting rezoning. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: December 28, 1965 and January 11, 1966. 2. Planning Commission Meetings: December 21, 1965 and January 4, 1966. MINUTES - City.Council Meeting December 14, 1965 Morro Bay Recreation Hall The City Council meeting was called to order at 7:35 P.M. in the Morro Bay Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh Absent: None MINUTES Mr. White advised that the minutes of the Special Meeting of December 7, 1965, were inadvertently omitted from the Agenda. Mayor Surfluh then asked if there were any corrections or deletions in the minutes of the regular meeting of November 23, 1965, and the Special Meeting of December 7, 1965. If not, he would then enter- tain a motion they be approved as written. Motion: Councilman Zinn moved that the minutes of the regular meet- ing of November 23, 1965, and Special Meeting of December 7, 1965, be approved as written. Councilman Bowen second- ed. Unanimously approved. Mayor Surfluh then welcomed Mr. Clell Whelchel, Mayor of San Luis Obispo and Mr. Barney Schwartz, Mayor of E1 Paso de Robles. HEARINGS, APPEARANCES AND REPORTS A-1 Presentation of certificates of completion - Police Depart- ment. - Mayor Surfluh asked that officers Robert Roy Blades, Conrad M. Feiera- bend and George William Van Dyne step forward. He then presented them with Certificates of Completion for an Explosive Ordnance Reconnaisance Course and Explosive Sabotage Devices Course given by the U. S. Army at the Police Department in San Luis Obispo. Mayor Surfluh noted that the Course was taken during off duty hours for the benefit of the Police Department and the citizens of Morro Bay. He commended the officers and expressed the appreciation of the Council for the excel- lent job being done by the Police Department. Mr. White advised that Mr. Kardel was a little late and that it might be well to discuss item A-3 prior to his arrival. Mayor Surfluh con- curred. A-3 Progress report on street light installations. Mr. White reported this project is approximately fifty percent com- plete. Pacific Gas and Electric Company started installation at the north end of the community and are working south as time allows. Many inquiries have been received as to when there will be lights in the southerly portion of Morro Bay. He advised installation will be completed as soon as possible, however, it may be another six or eight months before the project is complete. Mayor Surfluh stated it has been the intention and desire of the City Council to provide lights to the entire City and this is one of the MINUTES - City Council Meeting December 14, 196S PAGE TWO things which will have a very beneficial effect and the City will continue the installation in a rapid manner. A-2 Report on litigation by and between Thomas et al and City, County and State. Mayor Surfluh stated it has been the City Council's constant endeav- or to keep our citizens advised as to what is happening and we are going to continue to do so. Mr. Kardel, City Attorney, in accordance with instructions from Mayor Surfluh and the City Council reported briefly on actions the City is currently involved in. 1. Transient Occupancy Tax (Bed Tax): Morro Bay was successful in protecting the right of the City Council to determine what will and what won't be taxed in.this area. Propos- ed findings of facts and conclusions of law, as well as a proposed ultimate judgment have been filed with Judge Smith, who rendered the decision. This is necessary in order to permit a Court of Review in the event the determination of the Superior Court is contested or appealed and will enable the Appellate Court to look into the facts and law as the lower Court found them to be. The Court leans on the City of Morro Bay to determine what the facts really are. Preceeding the decision on Morro Bay's case, the Superior Court rendered an adverse decision to the City of Pismo Beach. This action is currently on appeal. Pismo was ordered to hold an election to determine whether the Council, at that time or in the future, could levy a bed tax. The result was adverse. The Council decided to appeal and it is now before the District Court of Appeal. Obvious- ly, if the decision is again adverse, this will make it more diffi- cult for Morro Bay or any other general law City. 2. Atascadero Beach State Park: Mr. Kardel advised that at the end of the month the City will pro- pose, in writing, a settlement in the form of a judgment to the State of California whereby the State will be assured of a specific access to the Atascadero Beach State Park. In having the Court make this determination, neither the City nor anyone else can alter the decision. This will meet the needs of the State and it is important that the people of Morro Bay understand the City has not blocked off. access to the State Park. It was felt to be in the best interests of all concerned that a route be chosen which is satisfactory to the City and the State. 3. City -County Suit: Mr. Kardel then reported on the litigation involving the non grant properties, which consist basically of the old naval base property, stating that a complaint was filed by the County against the City on October 21, 1965. Through discrepancies in the legal descrip- tion in the original complaint the County filed an amended complaint on December 2, 196S. The City has filed an interrogatory on each of the 7 parcels involved. January 12, 1966, has been set for the date for filing of pleadings. MINUTES - City Council Meeting December 14, 1965 PAGE THREE In the Thomas et al vs. County et al, the original complaint was filed August 13, 1962, and an answer filed by the County and State in January 1964. In the three and one-half years since the action was commenced, plaintiffs have never appeared in Court and have never been required to answer an Interrogatory, give testimony or have a deposition taken. This is now being corrected by the City. Mr. Murphy, Attorney for the Plaintiff, agreed on July 15, 1965, to prepare a map showing high and low tides as of 1872, as well as other maps and descriptions on which he bases his case. He then briefed the Council on actions taken by both the City Attorney and Mr. Murphy, stating Mr. Murphy, on December 10, petitioned the Court to give him until March 1, 1966, in which to answer. The Court has not deferred this request to answer the City's Interro- gatories, therefore, if the City is served on December 2, we will file a demurrer and a motion to strike portions of the Thomas et al complaint. Easterly as well as westerly boundaries of the public property along the Embarcadero will have to be determined. It is hoped however, this matter may be discussed and a settlement reach- ed. Discussion was opened and Mr. Kardel answered questions from those interested on matter relating to the three aforementioned law suits. UNFINISHED BUSINESS B-1 ORDINANCE NO. 33. AN ORDINANCE CREATING CHAPTER II TO TITLEORRO BAY MUNICIPAL CODE CREATING AND ESTABLISHING FIRE ZONES. (Second reading) Mayor Surfluh stated this is the second reading of Ordinance No. 33 and since the ordinance was read in full at the last meeting he then entertained a motion that it be read by title only. Motion: Councilman Payne moved that Ordinance No. 33 be read by title only. Councilman Zinn seconded. Roll call vote, unanimously approved. Mr. White read Ordinance No. 33 by title only, not'ing;, this constitutes the second reading. Motion: Councilman Payne moved that Ordinance No. 33 be adopted. Councilman Zinn seconded. Roll call vote, unanimously approved. B-2 ORDINANCE NO. 36. ORDINANCE CREATING AND ADDING PART V TO CHAPTER I, ITLE IV OF THE MORRO BAY MUNICIPAL CODE (MOVING OF BUILDINGS) (Second reading) Mr. White stated this Ordinance is to be read in its entirety and requested the matter again be deferred due to some changes requir- ed. He then requested the ordinance be read by title only to constitute the first reading. Motion: Councilman Payne moved this be acknowledged as the first reading of Ordinance No. 36. Councilman Crass seconded. Unanimously approved. MINUTES - City Council Meeting December 14, 1965 PAGE FOUR B-3 ORDINANCE NO. 37. AN ORDINANCE CREATING AND ADDING DIVISION 8 TO PART II, CHAPTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE (MARINE DOCKS AND STRUCTURES). (Second reading) Mayor Surfluh entertained a motion that the second reading of Ordinance No. 37 be by title only. Motion: Councilman Zinn moved that Ordinance No. 37 be read by title only. Councilman Crass seconded. Roll call vote, unanimous- ly approved. Mr. White read Ordinance No. 37 by title only. Motion: Councilman Payne moved that Ordinance No. 37 be adopted. Councilman Zinn seconded. Roll call vote, unanimously approved. B-4 ORDINANCE NO. 39. AN ORDINANCE AMENDING THE TEMORARY ZONING MAP OF THE CITY OF MORRO BAY. (Second reading) Mr. White stated this is the second reading of Ordinance No. 39, and since it was read in full at the last meeting, reading by title only at this time would be in order. Motion: Councilman Zinn moved that Ordinance No. 39 be read by title only. Councilman Bowen seconded. Roll call vote, unanimous- ly approved. Mr. White read Ordinance No. 39 by title only, noting this is the rezoning of Lots 23, 24, 25., 26 and 27, Blocks 2 and 3, Morro Heights (4th and Kern Streets) from R-3 to C-1-D. Motion: Councilman Payne moved that Ordinance No. 39 be adopted. Councilman Bowen seconded. Roll call vote. Unanimously approved. B-5 ORDINANCE NO. 40. AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY. (Second reading) Mr. White noted this is the second reading of Ordihance No. 40, and since this Ordinance was read in full at the last meeting, that it be read by title only. Motion: Councilman Zinn moved that Ordinance No. 40 be read by title only. Councilman Bowen seconded. Roll call vote, unanimous- ly approved. Mr. White read Ordinance No. 40 by title only, stating this is a rezoning of Lots 4, 5, 6, 13, 14 and 15, Block 2F, Atascadero Beach Subdivision (Yerba Buena and Frontage Road) from R-1 to H. Motion: Councilman Zinn moved that Ordinance No. 40 be adopted. Councilman Payne seconded. Roll call vote, unanimously' approved. MINUTES - City Council Meeting December 14, 1965 PAGE FIVE B-6 Resolution No. 151-65. RESOLUTION OF INTENTION TO HOLD A PUBLIC HEARING 0 -H ADOPTION OF STREET NAMES AND NUMBERS IN THE CITY OF MORRO BAY. Mr. White advised this is a resolution of intention to hold a public hearing on the adoption of street names and numbers in the City of Morro Bay. . Mr. White read Resolution No. 151-65 in its entirety. Motion: Councilman Zinn moved that Resolution No. 151-65 be adopted. Councilman Bowen seconded. Roll call vote, unanimously approved. A public hearing will be held on December 28, 1965. B-7 Assignment of Lease Sites 69, 70, 69W and 70W - Engvall to Tyler. Mr. White asked that this again be deferred due to legal matters involving this particular lease assignment, noting Judge Schenk, odnv.th� Attorney for Mr. Tyler i.•h th a ' ^held@�, and the 8„ Il,bb City Attorney are working out a solution on this particular matter. Mr. Kardel referred to a prior consultation with Judge Schenk and, other persons involved, stating he will meet with them again -to resolve the matter. NEW BUSINESS C-1 Petition - Improvement District No. 2. Mr. White stated that the City is in receipt of a Petition signed by one hundred percent of the owners of the property in the area of a proposed Improvement District for the installation of water and sewer facilities and appurtenant structures. He then read a Petition sign- ed by Louis F. Domenghini, LeRoy H. Jones, Buddy R. Benedict and Leonard A. Ewing, representing the Calvary Baptist Church, petition- ing the City to initiate assessment district proceedings, and to employ Sturgis, Den-Dulk, Douglass $ Anderson, Attorneys at Law, Oakland, California, as Special Bond Counsel, and retain Garing, Taylor $ Associates, Inc., Civil Engineers, as Engineer of Work. The property to be included in the district consists of all of Annexation No. l,plus the property of LeRoy Jones and James McGrath is to be included in the installation of improvements. He then stated it would be in order to accept the Petition but would need authority from the Council to prepare the necessary data to send to the Bond Counsel, and that this would be hereafter known as 'Improvement District No. 2 of the City of Morro Bay. Mayor Surfluh then directed the City Staff to prepare the necessary data. Motion: Councilman Bowen moved that the Petition for Improvement District No. 2 be received, and that the necessary data be prepared and forwarded to the Bond Counsel names in said Petition. Councilman Payne seconded. Unanimously approved. pU- MINUTES - City Council Meeting December 14, 1965 PAGE SIX C-2 Resolution No. 1S2-65. RESOLUTION REQUESTING THAT THE CITY OF MORRO BAY BE INC UDED IN THE PLACE OF USE OF SANTA RITA CREEK AND JACK CREEK WATER RIGHTS PERMITS. Mayor Surfluh stated that at a previous meeting it was the intent of the City Council to request the County Board of Supervisors to include the City of Morro Bay in Zone 2 for possible development of supple- mental water. However, there is still a remote poss.ibili.ty that desalinization may be able to provide adequate water for the entire county for the next twenty years. If the plant is installed within the next six months, and desalinization is more economically feasible, it is felt any further movement toward gaining supplemental water from another source could be deferred. The City does not propose to do anything that is not in the best interests of the people, however, the Council does not intend to sit idly by as the need for supple- mental water is evident. He also stated that this Council will support the desalinization committee in their efforts to secure the plant for the development of supplemental water. He then asked for comments from the Council. Councilman Payne stated this action of the Council in passing this resolution does not tie us up now. The Council will review many sources of new water and advantage should be taken of every opportunity as decisions will always be required to be made and water will always be needed. Councilman Zinn said he felt that since we have the opportunity of joining Zone 2, the City should not pass up this advantage to join in the use of these water rights. In the event the desalinization plant does materialize, the City will be in a position to develop water from other sources. He then noted a desalinization plant that was scheduled for installation in Orange County was cancelled due to engineering costs. He therefore, feels we should protect the oppor- tunity we have now. Councilman Crass feels this matter should definitely be'followed up as we now have a known source of water which is economically feasible and desalinization has not yet'been determined as•.such:. Therefore the Council should ask the County to petition the California State Water Rights Board to enlarge the use of Santa Rita Creek and Jack Creek as water is a necessity and we cannot go wrong in taking advantage of something already determined to be economically feasible. Mr. White read Resolution No. 152-65 in its entirety. Councilman Payne said this does not commit us, but makes the source available if in the near future we decide this is the best method of water development we will be in a position to take advantage of it. Motion: Councilman Zinn moved that Resolution No. 152-65 be adopted. Councilman Bowen seconded. Roll call vote, unanimously approved. C-3 Resolution No. 153-65. RESOLUTION ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES. MINUTES - City Council Meeting December 14, 1965 PAGE SEVEN Mr. Spellacy explained in detail the proposed changes at the end of Fifth Street onto the Freeway stating this will eliminate traffic hazards on the Frontage Road, Kern Avenue and on Fifth Street. Fifth Street will be widened to design width and necessary design changes made at Las Tunas and at Kern Street to eliminate the current hazards. Traffic will be channeled in a safe manner and sidewalks installed for foot traffic. He stated this project does not include Bay Avenue. The Garden Club will landscape the islands, and at the end of one year landscaping will become the responsibility of the City. Funds for this project have been budgeted from gas tax funds. Mr. White then read Resolution No. 153-65 in its entirety, noting the project summary of State Allocated 2107 Funds. Motion: Councilman Zinn moved that Resolution No. 153-65 be approved. Councilman Bowen seconded. Roll call vote, unanimously approved. C-4 City Parking Requirements. Mr. White stated he had hoped to have another proposal to present to the City Council but unfortunately he was not able to obtain the necessary information. He then asked that this matter be deferred until December 28, 1965. C-5 Resolution No. 154-65. RESOLUTION AUTHORIZING ADVERTISE- MENT FOR BIDS FOR S REET MAINTENANCE PROGRAM FOR FISCAL YEAR 1965-66. Mr. White asked Mr. Taylor to review the areas that will require seal coating this year. Mr. Taylor stated that under this program the City plans to seal coat Main Street, one-third of the way to the State Park, Morro Street between 6th and 8th'Streets,'8th and Main Streetsto the Embarcadero, and pave and seal coat the twenty foot alley between Kern and Piney Way. Mr. White read Resolution No. 154-65 in its entirety. Motion: Councilman Zinn moved that Resolution No. 154-65 be approved. Councilman Payne seconded. Roll call vote, unanimously approved. C-6 Resolution No. 155-65. RESOLUTION APPROVING CHANGE ORDER UMBER 2, ADMINISTRATION BUILDING ADDITION. Mr. White stated that in the normal process of constructing the new City Hall, unforseen problems are encountered. He then read Change Order No. 2, commenting on the reasons for said changes. Mr. White then read Resolution No. 155-65 in its entirety. Motion: Mayor Surfluh moved that Resolution No. 155-65 be approved. Councilman Payne seconded. Roll call vote, unanimously approved. C-7 Resolution No. 156-65. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMP ETIO OF CONSTRUCTION OF THE MORRO BAY-CAYUCOS WASTEWATER TREATMENT PLANT, 1964 ADDITIONS, MORRO BAY, CALIF- ORNIA. MINUTES - City Council Meeting December 14, 1965 PAGE EIGHT Mr. White stated that on December 14, 1965, the Morro Bay-Cayucos Wastewater Treatment Plant was certified as acceptable and complete by the Resident Engineer, Director of Public Works and the United States Department of Health, Education and Welfare. The plant has been tested and minor problems resolved. Mr. White then stated he felt that former members of the Morro Bay Sanitary District, as well as members of the Cayucos Sanitary Dist- rict, should be commended for their foresight in planning for the needed additions to the treatment plant which is now in operation and paid for. Mr. White then read Resolution No. 156-65 in its entirety. Motion: Mayor Surfluh moved that Resolution No. 156-65 be approved. Councilman Zinn seconded. Roll call vote, unanimously approved. C-8 Petition Protesting Rezoning. Mr. White stated this Petition, dated December 7; 1965, is signed by nine -people representing businesses in Morro Bay, however, G'. Morosin of Mor-Mac's Grocery and E. Baquet of Safeway Stores have requested their names be deleted from said Petition by letter to the City Clerk. He then read the Petition stating the allegations, that this rezoning was not given proper notice have been checked and verified by the City Staff and City Attorney. Proper notice was given and public hearings were conducted by the Planning Commission and City Council. Exception is therefore taken to this particular wording. Mayor Surfluh said this petition get the City Council to restrict markets. This the Council cannot lawful manner and he does not see is, in effect, a way of trying to competition in the area of food do. The Council has acted in a anything wrong with the rezoning. Councilman Zinn then asked Mr. Jensen his reasons for submitting this Petition. Mr. Jensen then commented at length on various subjects, some of which had no bearing on the question. He discussed his affiliation with the 'Veterans' and his concern for immigration of aliens into this country. On inquiry directed by Councilman Payne, no logical reason could be given by Mr. Jensen to justify any Council action on this Petition. Motion: Mayor Surfluh moved that this Petition be filed. Councilman Bowen seconded. Unanimously approved. C-9 Resolution No. 157-65. RESOLUTION AUTHORIZING SIGNING OF AGREEMENT FOR ENGIN RING SERVICES WITH KOEBIG AND KOEBIG, INC. Mr. White stated that this Agreement between the City and Koebig and Koebig is for engineering services to review the existing harbor plan, prior to the initiation of the 701 Program. MINUTES - City Council Meeting, December 14, 1965 PAGE NINE Mr. White then read Resolution No. 157-65 in its entirety. Mr. White then read the proposed Agreement, stating these are basically the same conditions as were submitted by letter agreement, however, there is a greater degree of control as to phasing of the program, noting that when sufficient data is accumulated the agreement can be terminated. He also stated that in talking with the Engineers, it was felt the review could be completed within six or seven days. Motion: Councilman Bowen moved that Resolution No. 157-65 be approv- ed. Councilman Zinn seconded. Roll call vote, unanimously approved. C-10 Resolution No. 158-65. RESOLUTION APPROVING CONTRACT FOR GASOLINE AND DIESEL FUEL. Mr. White stated that this proposal is subject to review by the Council and that it has been approved by the City Attorney. Bids to furnish fuel for the 1966 calendar year were requested from all major oil companies servicing San Luis Obispo County, with the stipulation that they furnish two 1000 gallon underground storage tanks and two electric pumps, which by amortization would -'become the property of the City. Bids were received from Shell Oil Company, Standard Oil Company and Tidewater Oil Company. Tidewater submitted the lowest bid for both gasoline and pumps and he recommended their bid be accepted. The new tanks and pumps are to be located next to the Wastewater Treatment Plant, the site of the proposed City Yard, and will become the property of the City at the end of the contract year. Mr. White then read Resolution No. 158-65 in its entirety. Motion: Councilman Bowen moved that Resolution No. 158-65 be approved. Councilman Crass seconded. Roll call vote, unanimously approved. TIME RESERVED FOR INDIVIDUAL ACTION C-11 Resolution No. 159-65. RESOLUTION RELATING TO RENTAL OBLIGATIONS OF GREP EST ACRES CORPORATION. Mr. Kardel advised that Green West Acres Corporation has a lease with the County for Lease Site No. 300 at a fee of $600.00 per month. The County has adopted procedures waiving the monthly lease payment in view of the pending litigation. A meeting was held with Mr. Wm. Houser, Attorney for Green West Acres Corporation, to discuss their general plans what they intend to do with the property. Notes were taken during the conference and a letter written -to Mr. Hauser re- questing certain specific data and information. This was approximately six months ago and to date we have not received the material although, by letter, it was indicated it would be in the City Attorney's hands by Friday, December 10, 1965. Mr. Kardel again reiterated the Council's instructions regarding the Harbor, to move along quickly without compromising the interest of the people. He also stated that it is the City Attorney's recommendation that a resolution be adopted by this City Council waiving the lease payments only until January 11, 1966. This was in the interest of Green West Acres so they will understand MINUTES - City Council Meeting December 14, 1965 PAGE TEN payment will be due again in 30 days. Mr. Kardel stated Mr. Houser has been most cooperative in this matter. Mr. White read Resolution No. 159-65 in its entirety. Motion: Councilman Bowen moved that Resolution No. 159-65 be adopt- ed. Councilman Zinn seconded. Roll call vote, unanimously approved. Copies of Resolution No. 159-65 will be made available to each Councilman. Councilman Zinn stated he had been approached by a man regarding a business license to solicit magazines in Morro Bay. As this is not the same type of encyclopedia door-to-door selling normally referred to under the Business License Ordinance, he was asked that the matter be reviewed, due to the fact, that the revenue goes for beds. and hospital equipment free of charge to anyone in the area needing this equipment. Mr. White advised that Mr. Don S. Mace has made application for and paid the necessary fees for a Business License for the National Organization Service. This is a legitimate firm of solicitors who work independently, but they require a sponsoring organization, in order to solicit from door-to-door. It is a profit making organiza- tion with a certain percentage of sales going to the sponsor. There are four solicitors who work as individual contractors and they do not work as a team because of certain explicit state laws. No action was taken. Councilman Zinn informed the Council that he has personally received three telephone calls concerning the situation with Woods Animal Shelter. The Police Department is presently having to hold animals in a retaining pen behind the building and complaints have been received because of the noise. Mr. White stated that the Shelter cannot be reached between the hours of 5:00 P.M. on Friday and 8:00 A.M. on Monday. He then advised that he and Chief Holeman have reviewed the Agreement and there is a clause which specifies that should the Shelter fail to respond to calls and investigate complaints or perform any of its duties under the Morro Bay Municipal Code, within a reasonable time, any costs incurred by the City in the performance of such duties will be charged to Woods Animal Shelter, and it is felt if this is done they may make more of an effort to provide better service. Councilman Zinn asked if there was any provision in the Agreement which covered the hours from 5:00 P.M. on Friday until 8:00 A.M. on Monday. He was told that service was to be on a 24 hour basis. Councilman Bowen stated he feels this is an imposition on the Police Department and since the City pays $415.00 per month for these services they should be rendered. Mr. White indicated that citizens are not pleased with the service and it is hoped the situation can be remedied. No action was taken at this time. MINUTES - City Council Meeting December 14, 1965 PAGE ELEVEN CORRESPONDENCE 1. Letter, dated November 22, 1965, Division of Highways, pertain- ing to a procedure to follow in the initiati.on'of freeway route selection studies. Mr. White stated copies will be made available to each Councilman. 2. Letter, dated December 6, 1965, Andrew H. Trice, Ph.D., re: Services of an Economic Consultant in water supply, sewage dis- posal, public building, recreational development, etc. ' 3. Letter, dated December 2, 1965, Lorraine Garrett, re: Possible locations for parking or public buildings. 4. Letter, dated December 2, 1965, Greater Morro Bay Harbor Develop- ment Association, re: U. S. Corps of Engineers''.Review of Reports on Morro Bay Harbor. Mr. White noted copies have been made available to each Council- man. He then stated the Engineers have taken steps to formulate a program whereby the City would be the responsible agency to the Corps of Engineers in the development of the entire. Harbor area. The consulting engineers will not be limited to reviewing just that portion of the Harbor within the City, but to study the report of the entire Harbor and make comments. Material is being formulated to present to the County for a joint operation of the entire Harbor. He then thanked the Harbor Development Associa- tion for their interest. Motion: Councilman Zinn moved the correspondence be received and ordered filed. Councilman Bowen seconded. Unanimously approved. Comments were made by both Mr. Graham and Mr. Gianinni regarding the Harbor Development Program. ADJOURNMENT Motion: Councilman Bowen moved the meeting be adjourned. Mayor Surfluh seconded. Unanimously approved. Meeting was adjourned at 9:42 P.M. RECORDED BY: C. White, City Clerk NOTICE OF SPECIAL MEETING There will be a special meeting of the City Council at 11:30 A.M., Tuesday, December 7, 1965, at the City Hall, 595-- 6th Street, Morro Bay, California. AGENDA 1. Resolution approving purchase of property from Emil E. Engen and Olive Engen. S. Surflu Mayor City of Morr Bay Dated: December 6, 1965 CC: The Sun Telegram Tribune MINUTES - CITY COUNCIL MEETING Special Meeting - City Hall December 7, 1965 - 11:30 A. M. Meeting called to order at 11:40 A. M. by Mayor Surfluh. ROLL CALL: Present: Mayor Surfluh, Councilmen Crass and Zinn Absent: Councilmen Bowen and Payne Mayor Surfluh stated that the purpose of this special meeting is to amend the 'Agreement for the Purchase and Sale of Real Property and Escrow Instructions' adopted by Resolution No. 146-65 on November 23, 1965. He then entertained a motion to adopt Resolu- tion No. 150-65, "Resolution Approving Purchase of Property from Emil E. Engen and Olive Engen." Motion: Councilman Zinn moved that Resolution No 150-65 be adopted. Seconded by Councilman Crass. Roll call vote: Ayes: Councilmen Zinn and Crass, Mayor Surfluh Noes: None Motion passed unanimously by those present. Motion: Councilman Zinn moved that the meeting be adjourned. Seconded by Councilman Crass. Passed unanimously. Meeting adjourned at 11:50 A. M. C;fxilelffda� C.red White, City Clerk f CITY OF MORRO BAY AGENDA - City Council Meeting November 23, 1965 - 7:30 P.M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of November 9, 1965. HEARINGS, APPEARANCES & REPORTS A-1 Report on feasibility of development of supplemental water by County Hydraulic Engineer. A-2 Hearing on rezoning of Lots 23, 24, 25, 26 and 27, Blocks 2 and 3, Morro Heights (4th and Kern Streets). A-3 Hearing on rezoning of Lots 4, 5, 6, 13, 14 and 15, Block 2F, Atascadero Beach Subdivision (Yerba Buena and Frontage Road). A-4 Financial Report. UNFINISHED BUSINESS B-1 Ordinance No. 36, An Ordinance Creating and Adding Part V to Chapter I, Title IV of the Morro Bay.Municipal Code (Moving of Buildings). (Second and final reading.) B-2 Ordinance No. 37, An Ordinance Creating and Adding Division 8 to Part II, Chapter I, Title IV of the Morro Bay Municipal Code (Marine Docks and Structures). (Second and final reading.) B-3 Ordinance No. 38. An Ordinance Amending the Temporary Zoning Map of the City of Morro Bay (Ninth and Main Streets). (Second and final reading.) B-4 Assignment of Lease Sites 69, 70, 69W and 70W - Engvall to Tyler. B-5 Transfer of County Parks to City. B-6 Payment of insurance claim for truck. NEW BUSINESS C-1 Offer of sale of property. C-2 Resolution setting time and place for the hearing on abandonment of portions of Spencer Drive and Norwich Avenue. C-3 Resolution Approving Plans and Authorizing Advertisement for Bids for the Construction of Sanitary Sewer Think Line, Embarcadero to Wastewater Treatment Plant. C-4 Ordinance No. 33. An Ordinance Creating Chapter II to Title X of the Morro Bay Municipal Code Creating and Establishing Fire Zones. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: December 14 and 28, 1965. 2. Planning Commission Meetings: December 7 and 21, 1965. 01, 9 MINUTES - City Council Meeting November 23, 196S Morro Bay Recreation Hall The City Council meeting was called to order at 7:34 P.M. in 'the Morro Bay Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh. Absent: None MINUTES Motion: Councilman Zinn moved that the reading of the minutes of the regular meeting of November 9, 1965, be dispensed with. Councilman Payne seconded. Unanimously approved. Mayor Surfluh.noted on Page Five, C-4, second motion, Line 2, 'as the first reading' should be changed to read 'by title only'. There being no further corrections he then entertained a motion that the minutes be accepted as corrected. Motion: Councilman Payne moved that the minutes of the regular meet- ing of November 9, 1965, be approved as corrected. Council- man Crass seconded. Unanimously approved. HEARINGS, APPEARANCES AND REPORTS Mayor Surfluh read a prepared statement relative to the position taken by the City Council in the matter of developing a source of supple- mental water. "The Morro Bay City Council and its Staff, recognizing the necessity of providing sufficient water to insure the continued and inevitable growth of this community, are investigating practical sources of supplemental water. In the interest of keeping our constituents fully informed on this subject, we have invited a very well qualified Engineer to explain ouranticipated future water requirements and the most economical means of meeting these needs. Sufficient engineering study has been done to warrant our confidence in the data we will hear tonight. I want to emphasize that we are not ruling out sea water desalinization as a possible economic source of water. However, we must be realistic and make our move before we are out of water. It is my pleasure to introduce our County Hydraulic Engineer, Robert Born, who will address this meeting on the aforementioned subject." Mr. Robert Born, County Hydraulic Engineer then addressed the Council and read a report on the proposed Water Development Program for the City of Morro Bay, dated November 23, 1965, a copy of which is on file in the City Hall. Mr. Born then answered questions from individ- uals in the audience and members of the City Council. MINUTES - City Council Meeting November 23, 1965 PAGE TWO Mr. Graham advised that the Federal Government is presently consider- ing the installation of a sea water conversion plant in the Morro Bay Area, with a deadline date of April 1, 1966, for choosing the final site, stating he is not against this proposal, however, he noted through the sea water conversion plant,water can be distributed throughout the entire San Luis Obispo County, and would like to see the Council endorse this program. Mayor Surfluh stated that he does not want it inferred the City Council has not been in favor of the establishment of this type of water development and referred to past Council actions in regards to the endorsement and support of this program. Mr. Graham then asked that a decision on water development be held in abeyance until the Federal and State Government plans are confirm- ed. Councilman Crass stated there is now a need and there will be a very definite need for supplemental water in years to come and the time is now to consider every source, noting that we do have a develop- able source of supplemental water and that we do not now know the cost of desalination, however, any decision of the Council at this time should not affect the Federal or State Government.in their plan- ning. Mr. Born stated all water rights are under application but we haven't received full rights from the State. Mayor Surfluh stated that time is of the essence and he would like to see Morro Bay take some positive action now to prevent a situation whereby we would later have to purchase water from someone else at a greater cost, or go to some other more expensive source. He also feels the City should make a request to the Board of Supervisors that Morro Bay be included in Zone 2 for the purpose of developing a source of supplemental water for this City. Mr. Gianinni stated he concurred, but does not feel it is wise to overlook the State and Federal deadline of April 1, 1966, as he doesn't feel dams will be adequate in twenty years. After a discussion it was felt the subject should be given further consideration and a decision made at a later date. Mr. Born concurred. A-2 Hearing on rezoning of Lots 23, 24, 25, 26 and 27, Blocks 2 and 3, Morro Heights (4th and Kern Streets). Mayor Surfluh asked if there was any person present who wished to speak for or against the proposed rezoning. No one spoke in opposition to said proposal. Mr. White stated that this is a hearing on the amendment of the tempor- ary zoning map for the rezoning at 4th Street and Kern Avenue, Lots 23, 24, 25, 26 and 27, Blocks 2 and 3, Morro Heights which has been recommended for rezoning by the Planning Commission. He also noted that surrounding property is zoned C-1. Mr. Rogoway advised that this request was submitted by Allen L. Buck and Arden L. Buck in anticipation of placing a specialized commercial MINUTES - City Council Meeting November 23, 1965 PAGE THREE use on the property. There was some question at the Planning Commission hearing as to the possibility of building a drive-in restaurant. Some concern was expressed as to the amount of noise, however, the Commission recommended C-1-1) zoning with specified uses or parking lot and that one side be fenced. Councilman Crass queried as to whether this required a hearing before a permit is issued, and was, advised by Mr. Rogoway that where there is a 'D' classification it must be reviewed by the Commission. Councilman Crass then stated that since there have been several re- quests for rezoning from R-3 to C, with the comparable amount of 'C' zoning in this area, the Planning Commission should make a re- view as to property that has been commercial for years, but not developed, rather than limit other property that may be more commer- cial in character and which is not now zoned commercial. Mayor Surfluh advised that under the 701 program this will be accomplished. Mayor Surfluh then stated that if there were.no objections from residents on Kern Avenue, there should be no objection to the change of zoning. He then declared the hearing closed and asked for the first reading of Ordinance No. 39. Mr. White read Ordinance No. 39, AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY, in its entirety. Motion: Councilman Payne moved reading of Ordinance No Unanimously approved. this be acknowledged as the first . 39. Councilman Zinn seconded. Second and final reading will be on December 14, 1965. A-3 Hearing on rezoning of Lots 4, 5, 6, 13, 14 and 15, Block 2F, Atascadero Beach Subdivision (Yerba Buena and Frontage Road) Mr. Rogoway advised that this is the request of the owner, Ralph W. Brians, who asks that the above six lots be rezoned from R-1 to 'H' as he wishes to build a service station. The property was formerly zoned 'H' prior to the construction of the freeway and 'H' zoning requires a Use Permit approved by the Planning Commission and City Council. The Planning Commission has recommended this property be rezoned from R-1 to 'H'. Mayor Surfluh then asked if there was any person present who wished to speak for or against the said rezoning. There being none, he then declared the hearing closed. Mr. White read Ordinance No. 40, AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY, in its entirety. This constitutes the first reading. Motion: Councilman Payne moved that the City Council acknowledge this as the first reading of Ordinance No. 40. Councilman Zinn seconded. Unanimously approved. MINUTES - City Council Meeting November 23, 1965 PAGE FOUR Second and final reading will be on December 14, 1965. A-4 Financial Report. Mr. White presented the Monthly Expenditure Report for November, 1965, noting all Councilmen received a copy prior to this meeting. Motion: Councilman Zinn moved that the Monthly Expenditure Report for the month of November, 1965, including checks numbered 1753 through 1875 be approved. Councilman Payne seconded. Unanimously approved. UNFINISHED BUSINESS B-1 ORDINANCE NO. 36. AN ORDINANCE CREATING AND ADDING PART V TO CHAPTER I. TITLE IV OF THE MORRO BAY MUNICIPAL CODE (MOVING OF BUILDINGS). (Second and final reading.) Mr. White requested that the second and final reading be deferred until the meeting of December 14, 1965. Request granted and this Ordinance will be read in its entirety at the next regular meeting. B-2 ORDINANCE NO. 37. AN ORDINANCE CREATING AND ADDING DIVISION 8 TO AR I, C APTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE (MARINE DOCKS AND STRUCTURES). Mr. White stated that this ordinance, after review by the City Attorney, will require several changes prior to its adoption. He then read these changes, noting this still constitutes the first reading. Mr. McIntire advised this can be considered as the second first reading. Motion: Councilman Bowen moved that the changes only be read. Councilman Payne seconded. Unanimously approved. Mr. McIntire noted that Section 4270, third line, 'Any reasonable design or specification will be allowed upon approval by the Building Official', be deleted, and insert on line 6, after regulations 'and is in addition to applicable laws or statutes of the United States or the State of California and to any.applicable rule, regulation or order of any State or Federal Agency'. Lines 7, 8 and 9 are deleted in their entirety. Section 4272 is deleted entirely.and Section 4272 (a) and (b) substituted therefore. Motion: Councilman Zinn moved this first reading of Ordinance Unanimously approved. be acknowledged as the second No. 37. Councilman Bowen seconded. The second and final reading will be on December 14, 1965. B-3 ORDINANCE NO. 38. AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY (NINTH F, MAIN STREETS). (Second and final reading.) Mr. White advised,this ordinance was read in full on November 9,'1965. MINUTES - City Council Meeting November 23, 1965 PAGE FIVE Motion: Councilman Payne moved that Ordinance No. 38 be read by title only. Councilman Zinn seconded. Roll call vote, unanimously approved. Motion: Councilman Zinn moved that Ordinance No. 38 be adopted. Councilman Payne seconded. Roll call vote, unanimously approved. B-4 Assignment of Lease Sites 69, 70, 69W and 70W - Engvall to Tyler. Mr. McIntire asked that this matter again be deferred in order to discuss it in detail with Judge Schenk who is representing Mr. Tyler. B-5 Transfer of County Parks to City. At a previous meeting the City Attorney was directed to obtain and review title reports on both the Monte Young and Sth $ 6th Street Parks. Mr. McIntire then advised the Council that the title for the Monte Young Park shows it vested in the County of San Luis Obispo, with no conditions except a lien for Improvement District No. 1. There is no reversion clause in the deed and it does not appear in the title report. The property was acquired by tax sale and utilized as a park. There appears to be no restrictions on the use of the property. Mr. McIntire then stated the problem of the Sth $ 6th Street Park is quite different. He reviewed the title, stating that when the sub- division map was filed it showed a portion indicated as Parcel 1, which was offered for dedication for public use by the subdividers. When the map was approved the streets were expressly withheld for dedication to public use. The Board of Supervisors approved the subdivision map but did not accept the streets on behalf of the public. There was no mention of a park. The park property was not accepted by the Board at that time. In 1951 the Board passed a resolution abandoning Park Street, which meant the easterly one half went to the adjacent property owner of Parcel 1, and the other one half, or Parcel 3, went to the property owners on the westerly side. Subsequent to 1951, Parcel 3, the westerly half of Park Street was deeded by the owners to the County by quitclaim deed. The title report shows Parcel 1 and 2 to be vested in the Bank of America and it has not been taxed and is not listed on the tax rolls. Of record, no public entity has accepted this offer of dedication for public purpose. Whatever title the Bank of America has is clouded. The Title Company has advised that in order to clear the title, it will be necessary to have something on record by a public entity accepting the property for public use. In view of these facts, the County has no interest of record in the title to the park shown as Parcel 1. He also stated that the deed for the park from the County to the City is incorrect in that it only describes what was formerly known as Park Street and it does not describe the Park, shown as Parcel.l. Mr. McIntire then recommended that the Council pass a resolution accepting the park for public use, stating the entity having jurisdiction over the property can accept it for said public use. This action would, show the City as the record owner of the park. Mr. Young queried as to whether anyone could file on Parcel 1 and 2. He was advised that this property is for the City or County to accept MINUTES - City Council Meeting November 23, 196S PAGE SIX as a matter of record. If the City accepts they would be the record title owner of the property. Parcel 3 has been previously deeded to the County by quitclaim deed. Mr. White stated that more than likely this was accepted by resolu- tion or ordinance and the County at that time was negligent in having the necessary documents recorded. He recommended the entire matter be referred back to the County for resubmission to the City. It was also recommended by the City Attorney that the City go on record as accepting the property for public use. In a discussion the Council indicated that the matter should be referred back to the County. Mayor Surfluh stated that if the matter is again referred to the County the Board of Supervisors may go on record as accepting the property and he noted that they are attempting to convey the property to the City with deed restrictions by which they are not bound. Councilman Zinn stated he is in favor of going on record as accepting the parcel and then asking the County for a new quitclaim deed. Motion: Councilman Zinn moved that the Council accept Parcel 1 as it wasdedicated for public use. Councilman Zinn then withdrew his motion. Mr. Rogoway advised the City should accept dedication of the property to proper use. Mr. McIntire then read Resolution No. 14S-65, RESOLUTION ACCEPTING DEDICATION OF PROPERTY TO PUBLIC USE. Motion: Councilman Zinn moved Resolution No. 145-65 be approved. Councilman Bowen seconded. Roll'call-vote,,-unafiimously approved. Mr. McIntire will obtain a.quitclaim deed and proper title. Motion: Councilman Zinn moved that the City Attorney be directed to contact the District Attorney and request a new quitclaim deed and description to the park property, including Parcel 1, 2 and 3, as described in the title. Councilman Bowen seconded. Unanimously approved. Mr. McIntire then suggested the Monte Young Park be handled in the same manner and Councilman Bowen suggested including both parks in the same motion. Motion: Mayor Surfluh•moved the City Attorney be authorized to conduct the necessary negotiations with the County covering the quit- claim deed to the Monte Young Park. Councilman Bowen seconded. Unanimously approved. MINUTES - City Council Meeting November 23, 1965 PAGE SEVEN B-6 Payment of Insurance Claim for Truck. 9, 1965) (Deferred from November Mr. White advised that payment has been made in full for the City• dump truck that was totally demolished in an accident, and a check has been received in the amount of $814.50 from Farmers Insurance Group which also includes the loss of use of said truck. A check for $150.00 for the truck has been received from Standard Motors, San Luis Obispo. These funds have been deposited in the City Treasury. Minute Order called for to accept payment. Motion: Councilman Bowen moved that the City Council accept the pay- ment of $814.50 from Farmers Insurance Company and payment of $150.00 from Standard Motors and directed the City Admin- istrator to execute the deed of conveyance, or pink slip, in order that it may be transferred to Standard Motors. Councilman Zinn seconded. Unanimously approved. Mayor Surfluh then declared a recess at 10:25 P.M. The meeting reconvened at 10:30 P.M. NEW BUSINESS C-1 Resolution No. 146-65. RESOLUTION APPROVING PURCHASE OF PROPERTY FROM EMIL F7. ENGEN AND OLIVE ENGEN. Mr. White advised Emil E. Engen and Olive Engen have offered to sell Lot 2, Block 39, Tract 2, City of Morro Bay, to the City, and recommend- ed that this property, which is directly west of the -City Hall, be purchased for needed parking and possible future expansion._ Mr. McIntire then read Resolution No. 146-65 in its entirety. Motion: Mayor Surfluh moved that Resolution No. 146-65 be approved. Councilman Bowen seconded. Roll call vote, unanimously approved. C-2 Resolution No. 147-65. RESOLUTION OF INTENTION TO ABANDON CERTAIN TY S RE AND SETTING DATE FOR HEARING. Mr. White advised this is a resolution of intention to vacate certain city streets, namely Spencer Drive and Norwich Avenue, and set a date for a public hearing. He then referred the reading of Resolution No. 147-65 to Mr. McIntire. Mr. McIntire then read Resolution No. 147-65 in its entirety. Motion: Councilman Zinn moved that Resolution No. 147-65 be approved. Councilman Payne seconded. Roll call vote, unanimously approved. Public Hearing was set for December 28, 1965. C-3 Resolution No. 148-65. RESOLUTION APPROVING.PLANS AND AUTHORIMC—WITERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF SANITARY SEWER TRUNK LINE EMBARCADERO TO WASTEWATER TREAT- MENT PLANT. MINUTES - City Council Meeting November 23, 1965 PAGE EIGHT Mr. White stated that funds are available and the City is now in a position to continue the expansion of very needed facilities from the end of the 12" force main on the Embarcadero and connect to the Wastewater Treatment Plant. This will take the excessive load off of the lift station at the foot of 9th Street and Embarcadero, which is overloaded. He then asked the Council to authorize the City Clerk to issue an Invitation to Bid to be opened on January 7, 1966. Mr. White read Resolution No. 148-65 in its entirety. Mr. Spellacy stated that prior to incorporation the sewer district installed approximately 1000 feet of 12" force main on the Embarcadero for eventual extension to the Treatment Plant. This past year, during the summer months, the pumps at the lift station were at their maximum, both 'funning full time. The new line is partially installed and will continue on from the Pacific Gas and Electric Plant gate to the Wastewater Treatment Plant. Mr. White stated the nature of the construction is such that in order to install the main a ditch twelve to fifteen.feet..deep iri;sand approxi- mately twenty feet across the top must be excavated,so this project will have to be contracted for. After the sewer line is installed it will be covered by the contractor to within approximately three feet from the top. The City, using budgeted funds, will then use their own forces to install a water main along the same ditch to allow for the development of property along Colman Drive and the Embarcadero. Motion: Councilman Zinn moved that Resolution No. 148-65 be approved. Councilman Bowen seconded. Roll call vote, unanimously approved. C-4 ORDINANCE NO. 33. AN ORDINANCE CREATING CHAPTER II TO TITLE OF THE MORRO BAY MUNICIPAL CODE CREATING AND ESTABLISHING FIRE ZONES Mr. White stated that in order to promote proper type construction, the City is required to create Fire Zones. Fire Zone requirements are established by the National Board of Fire Underwriters and are set forth in the Uniform Building Code. Fire Zone 2, which is proposed for commercial property, restricts roofs to non-combustible materials. Fire Zone 3 allows all types of roofs within Morro Bay. In the future, any area that is zoned commercial will become Fire Zone 2. Recommendations have been made by the Building Inspector, Chief of the Fire Department and Mr. White that areas zoned C-1, C-2, H, M-1 and L, as well as certain residential occupancies on the water- front, be zoned Fire Zone 2. This prevents the use of wood shingles on commercial establishments. Areas zoned R-1, R-2 and R-3 will not be affected. This will eventually allow for a lower fire rating which could possibly save residents approximately fifteen percent on fire insurance premiums. It will increase fire defense to where hazards will be eliminated, thus creating a more favorable fire insurance program. Mr. White stated that when time permits, he will meet with the Council and explain in detail what will be required in order to receive a lower grading. Councilman Crass said the Embarcadero is Fire Zone 2, but the archi- tectural design control adopted required shake shingle roofs. Mr. White stated that this requirement had been changed justprior to incorporation, MINUTES - City Council Meeting November 23, 1965 PAGE NINE Mr. White read Ordinance No. 33 in its entirety. Motion: Councilman Payne moved that this constitute the first reading of Ordinance No. 33. Councilman Zinn seconded. Unanimously approved. Second and final reading of Ordinance No. 33 will be on December 14, 1965. C-S Resolution No. 149-65. RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR MAINTE NCE OF SOUTH BAY BOULEVARD. Mr. White advised this project will be paid for from gas tax funds. It is upon the recommendation of the City Engineer and the Director of Public Works that this project be authorized. Certain areas are in critical need of base material after which blacktop is to be applied in one inch or one and one-half inch coating to provide a surfacing which should last four or five years. The City is unable, however, to maintain the Baywood Park Road in its present condition. Mr. White read. Resolution No. 149-65 in its entirety. It was noted that, the portion to be paved is approximately one mile in length and can be repaired for an approximate cost of $8000.00. Motion: Councilman Zinn moved that Resolution No. 149-65 be approved. Councilman Bowen seconded. Roll call vote, unanimously approved. TIME RESERVED FOR INDIVIDUAL ACTION Mr. Gianinni stated that in a talk with a Mr. Madden concerning the sea water conversion plant, his committee is requesting formation of a district for the distribution of water and if the plant is located near Morro Bay it will service unincorporated areas as well. Mr. Gianinni feels the City should proceed along these lines stating that there seems to be a choice of a Community Service District 6r County Water District, and suggested the matter be presented to the Board of Supervisors and a feasibility study requested. He is, however, doubtful as to whether it is wise for the City to assume the cost of a feasibility study at this time. Councilman Crass noted pipelines are available, and questioned as to whether they could be converted for the use of sea water. Mr. Spellacy said it is very feasibile, also stating that sea water would have to be blended with other water as it is very corrosive. Mr. White stated there is an existing taxing authority for water development in the County Flood Control Water Conservation Districts, and this would allow the Zone within the District to contract for water with any agency. Mayor Surfluh stated he felt this matter should be handled by the Board of Supervisors and that it might be well to also discuss it with the Water Resources Advisory Committee as they represent the entire county. Councilman Crass feels the County should be responsible for the distribution of material sources of water. MINUTES - City Council Meeting November 23, 1965 PAGE TEN No action was taken at this time. Mr. Young inquired as to who stop signs, noting there is a 4th Streets, one'on the hill corner of Robinson and Main. of all stop signs in the City at one time. The few changes an urgent nature. CORRESPONDENCE is responsible for the installation of need for one at Piney Way on 3rd and at Cabrillo and Main, and another on the He was advised a survey is being made and all changes will be taken care of that have been made recently were of 1. Notification from State Office of Planning, Project No. Calif. P-212, Morro Bay, received November 16, 1965. Mr. White advised the Housing and Home Finance Agency has approved the Urban Planning Assistance Grant Project, 701 Program, and the City will receive the full amount requested. Mr. Wise will assign a principal planner who has had harbor experience and he also plans to attend the next Palnning Commission Meeting to discuss this with the Commissioners. 2. Letter, dated November 19, 1965, Evans Metal Shop, re: Offer of Mr. Rip Rohrberg to deed a circle of land at Sunset Court in the interest of community beautification. Mr. White stated he had contacted Mr. Rohrberg and he has offered to grant this property to the City, however, there are complica- tions as he only has half interest, the other one-half being owned by a person who recently died. He then recommended that Mr. Rohrberg take steps to secure a quitclaim deed to the property before the City accepts it. This however, will be subject to recommendation of the City Attorney. It was then deferred to the City Attorney for study, and the matter was tabled. 3. Letter, dated November 8, 1965, California Highway Commission, re: General support to the additional steps being taken by the Federal Government in Highway beautification. A copy will be forwarded to the Planning Commission. 4. Letter, dated November 10, 1965, United States Senate, Thomas H. Kuchel, re: H. R. 1582, Morro Rock. Mr. White stated the 'Morse Formula' has caused considerable concern. He further stated there is a possibility there are grant monies available up to fifty percent which could be used in payment for the rock. 5. Letter, dated November 18, 1965, Multiple Listing Service, extend- ing appreciation to City Staff and City Council for an excellent job in the betterment and improvement of the City of Morro Bay, and complimenting the City for adopting a City budget which supplies the City with more and better services for less total tax dollars. 6. Letter, dated November 19, 1965, The Resources Agency of California, re: Outdoor Recreation Local Grant Program Manual. MINUTES - City Council Meeting November 23, 1965 PAGE ELEVEN 7. Letter, dated November 18, 1965, Morro Bay Garden Club, request- ing permission to hold a pre -Christmas showing and sale of projects at the City Recreation Hall on Satursay, December llth, from 9:30 A.M. to 4:30 P.M. Mr. White advised that the City policy on the use of the hall would preclude this type of use, however,the Garden Club has spent all their monies for City beautification and he would. heartily recommend approval of the request. Minute Order called for to approve the request for the aforementioned use of the Recreation Hall. Motion: Councilman Bowen moved the City cooperate with the Garden Club. Councilman Zinn seconded. Unanimously approved. 8. Letter, dated November 10, 1965, League of California Cities, subject: General Assembly Resolutions adopted at the Annual League Conference in San Francisco, October 13, 1965..' Mr. White noted all Councilman have received a copy. Motion: Councilman Zinn moved the correspondence be received and ordered filed. Mayor Surfluh seconded. Unanimously approved. ADJOURNMENT Motion: Councilman Zinn moved the meeting be adjourned: Mayor Surfluh seconded. Unanimously approved. Meeting was adjourned at 11:35 P.M. RECORDED BY: " L. Ted Mite, City Clerk CITY OF MORRO BAY AGENDA - City Council Meeting November 9, 1965 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MTN11TFS 1. Regular meeting of October 26, 1965. HEARINGS, APPEARANCES & REPORTS A-1. Hearing on rezoning of Lots 60, 63, 64, 67, 68, 71, 72, 75 and 76, Block 31, Atascadero Beach Subdivision. A-2. Report on meeting with representatives of the Corps of Engineers. A-3. Report on proposed Boating Facility Development Program, Division of Small Craft Harbors. UNFINISHED BUSINESS B-1. Ordinance No. 32, ACCUMULATED WASTE MATERIAL (second and final reading) B-2. Ordinance No. 34, AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY (second and final reading) B-3. Letter re: Transfer of County Park to City. NEW BUSINESS C-1. City claim regarding insurance payment for truck. C-2. Assignment of Lease Sites 69, 70, 69W and 70W - Engvall to Tyler. C-3. Budget transfer. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar 1. Council Meetings: November 23 and December 14, 1965. 2. Planning Commission Meetings: November 16 and December 7, 1965. MINUTES - City Council Meeting November 9, 196S Morro Bay Recreation Hall The City Council meeting was called to order at 7:32 P.M. in the Morro Bay Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh. Absent: None MINUTES Motion: Councilman Bowen moved that the reading of the minutes of the regular meeting of October 26, 1965, be dispensed with. Councilman Crass seconded. Unanimously approved. Mayor Surfluh asked if there were any omissions or corrections, if not, he would then entertain a motion that the minutes be approved as written. Motion: Councilman Bowen moved that the minutes of the regular meeting of October 26, 1965, be approved as written. Councilman Payne seconded. Unanimously approved. HEARINGS, APPEARANCES & REPORTS A-1 Hearing on rezoning of Lots 60, 63, 64, 67, 68, 71, 72, 7S and 76, Block 31, Atascadero Beach Subdivision. Mr. White advised that this is a.hearing on the amendment of the Temporary Zoning Map for the rezoning of Lots, 60, 63, 64, 67, 68, 71, 72, 7S and 76, Block 31, Atascadero Beach Subdivision, City of Morro Bay, from R-3 to C-1. Mayor Surfluh asked if there was any- one who wished to speak in opposition to the proposed rezoning. There were none. He then asked if there was anyone who wished to speak in favor of the proposed rezoning. There being none, Mayor Surfluh then declared the hearing closed. Mr. White read Ordinance No. 38, AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY, in its entirety. This constitutes the first reading. Mayor Surfluh then entertained a motion to acknowledge this as the first reading of Ordinance No. 38. Motion: Councilman Zinn moved that the City Council acknowledge this as the first reading of Ordinance No. 38. Councilman Payne seconded. Unanimously approved. Second and final reading will be on November 23, 1965. A-2 Report on meeting with representatives of the Corps of Engineers. Mr. White advised of an informal meeting with representatives of the Corps of Engineers. A review of the current Review Report of the MINUTES - City Council Meeting November 9, 1965 PAGE TWO Harbor was made and the Corps will now require some definite plan as to what the City intends to do with the Harbor before they can pro- ceed with their report. An application was submitted to the Housing and Home Finance Agency and the State Planning Office for the 701 Planning Program Grant and to date no action has been taken on the application. Final approval should be given by January or February. Upon the basis of what the Corps.'of Engineers will require in order to proceed with their studies the City Staff _recommended that Mr. Wise of Hahn, Wise and Associates be contacted as soon as possible to begin a study of the Harbor. In the interim, prior to approval of the 701 Program, budgeted funds are available for this work. He then recommended Mr. Wise meet with the Planning Commission in order to begin a preliminary review of the Harbor. Mr. White will present this matter of information to the Planning Commission on November 16. Mayor Surfluh asked if Mr. Wise should be contacted tomorrow, as two weeks might be too late and Mr. White indicated that he would do so. Mr. Graham said it was the thought of the Planning Commission that the City coordinate the new plan with the existing County Master Plan in order to save money and eliminate duplication of work as he feels this plan is adequate and would expedite the matter by its use. Mr. White stated this is the intent at this time, however, some changes may be required in the existing plan to bring it up to date. Mayor Surfluh then stated a motion would be in order to authorize Mr. Wise to proceed. Motion: Councilman Zinn moved that Mr. Wise be authorized to proceed with a preliminary planning of the Harbor. Councilman Payne seconded. Unanimously approved. A-3 Report on Proposed Boating Facility Development Program, Division of Small Craft Harbors. Mr. White stated an article appeared in several newspapers pertain- ing to funds available to the City from the Division of Small Craft Harbors. He then noted the minutes of the meeting of Small Craft Harbors Commission, Catalina Island, California, on October 11, 1965. A broad safety development program is proposed for 1966-69 by the allocation of certain funds to certain harbors in California for harbor purposes on either a loan or grant basis, and $1,250,000.00 has been allocated for use in Morro Bay. No written confirmation of this proposed allocation has yet been received by the City from the Division of Small Craft Harbors. UNFINISHED BUSINESS B-1 ORDINANCE NO. 32. AN ORDINANCE CREATING CHAPTER IV, TITLE XI OF THE MO RRO BAY MUNICIPAL CODE, ENTITLED ABATEMENT OF ACCUMULATED WASTE MATERIAL (second and final reading) Mayor Surfluh stated this is the second and final reading of Ordinance No. 32 and since the ordinance was read in full at the last meeting, that it be read by title only. 0 MINUTES - City Council Meeting November 9, 1965 PAGE THREE Motion: Councilman Payne moved that Ordinance No. 32 be read by title only. Councilman Zinn seconded. Unanimously approved. Motion: Mayor Surfluh moved that Ordinance No. 32 be adopted. Councilman Bowen seconded. Roll call vote, unanimously approved. B-2 ORDINANCE NO. 34. AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY. (second and final reading) Mr. White stated this ordinance is required for the rezoning of a fraction of Lot 26, Rancho Moro y Cayucos, City of Morro Bay from R-3 to C-1-N-D. Mayor Surfluh entertained a motion to read this ordinance by title only. Motion: Councilman Zinn moved Ordinance No. 34 be read by title only. Councilman Crass seconded. Unanimously approved Mr. White read Ordinance No. 34 by title only. Councilman Payne stated this Ordinance was discussed at the last Council -meeting, and he would still vote negative on this issue. Motion: Mayor Surfluh moved Ordinance No. 34 be adopted. Council- man Bowen seconded. Mr. Jensen spoke, stating that previously the Council denied a re- quest of Jim Silver for a variance and questioned why he was turned down and the request for rezoning approved. He was informed that it was a request for a variance in an area that was strictly resi- dential, while this request is for rezoning in an area suitable to commercial use. Roll call vote: AYES: Councilmen Bowen, Crass, Zinn and Mayor Surfluh. NOES: Councilman Payne. Adopted by a majority vote. B-3 Letter re: Transfer of County Park to City. Mr. White read letter dated November 4, 1965, from the County Clerk, re: Quitclaim Deed for Park in City of Morro Bay, Resolution No. 445-65 of Board of Supervisors, covering action taken. Mr. McIntire stated there were several exceptions taken to this deed, one being the reversion clause which places a cloud on the title and which may cause a problem'in future years. He stated that should property values increase or circumstances change, the County may wish to enforce the reversion clause and use the park for other purposes. It is felt this can be handled by a separate agreement, as was the Deed to the property used for the Recreation Hall. MINUTES - City Council Meeting November 9, 1965 PAGE FOUR Councilman Zinn stated he owns property next to the park and believes there is a clause which states that if that portion of the park on former Park Street not be used as a park, the property will revert to the owner of the adjacent property. Mr. McIntire stated under these circumstances it might be well to defer action until a pre- liminary title report is obtained on this park. Mayor Surfluh suggested the matter be deferred until the next meet- ing. Motion: Councilman Zinn moved that a title search be made of the property. Councilman Payne seconded. Mr. McIntire suggested the Monte Young Park be included in this title search. Motion: Councilman Zinn moved that the.motion be revised to include the Monte Young Park. •Councilman Payne seconded. Unanimously approved. NEW BUSINESS C-1 City Claim Regarding Insurance Payment for Truck. Mr. White advised that in January 1965, a vehicle ran a stop sign and crashed into a City truck. The driver was hurt slightly, the truck damaged beyond repair. The contents of the dump truck, Bed- rock, was scattered and the City incurred expenses in cleaning it up. Farmers Insurance Group had insurance on both the City and the other driver involved. Their adjuster stated the City could not pay any property damage claim and so were entirely released from any personal injury claim. The City waited to determine the health of the driver and on May 11 submitted a claim for property damage to Farmers Insurance Group in the amount of $964.50; $700 being the purchase price of a new truck; $192.00 for loss of use of the vehicle and $72.50 additional costs incurred. Mr. Naugle, The Farmers Insurance Adjuster, has made a firm offer of $622.50, $150 salvage, and striking out the $192.00, stating he concurs with the City as to their claim, however, there is no loss payable for loss of use since the truck was totally demolished. Mr. White again noted that $700 has been paid out to replace the vehicle. After a discussion it was felt the amount of the claim should remain at $964.50 as originally presented. Motion: Councilman Zinn moved the City Administrator firm up these figures and present to the Council for their consideration at a later date. Councilman Payne seconded. Unanimously approved. C-2 Assignment of Lease Sites 69, 70, 69W and 70W - Engvall to Tyler. Mr. McIntire stated this is a basic transaction relating to the lease from the former.County to Lawrence Thomas, who has apparently subleased the property with approval of the County to Ed Engvall, Allene M. Engvall and Brady Engvall as an acquarium site in 1961. Mr. Engvall now desires to assign his sublease to Dean R. Tyler MINUTES - City Council Meeting November 9, 1965 PAGE FIVE and has the approval of the Lessee and Sublessor. Mr. McIntire stated there are several complications and suggested the matter be referred to the City Attorney by Council directive in order that they may work with Judge Schenck who represents Mr. Engvall. Mr. White noted Mr. Tyler's lease of July 1, 1965, through December to the approval of the Council. payment of $136.50 for the period 31, 1965, is being held subject Motion: Councilman Crass moved this matter be referred to the City Attorney for study and report to the Council in the near future or next meeting. Councilman Bowen seconded. Unanimously approved. C-3 Budget Transfer. Mr. White stated that due to the action of the City Council at their last meeting whereby they approved payment to Monte Young in twelve (12) monthly installments of the money claimed by him requiring a transfer of funds from the unbudgeted reserve to work- ing funds in the amount of $14,592.68. The balance of $7296.32 will be budgeted for in the next fiscal year. Motion: Mayor Surfluh moved that Transfer Voucher No. 20, dated November 4, 1965, be approved. Councilman Zinn seconded. Unanimously approved. C-4 ORDINANCE NO. 36. AN ORDINANCE CREATING AND ADDING PART 0 CHAPTER , TITLE IV OF THE MORRO BAY MUNICIPAL CODE (MOVING OF BUILDINGS) (1st reading.) Mr. White recommended that this Ordinance be read by title only at this time and read in its;entirety at the Council meeting on November 23, 1965. Motion: Councilman Zinn moved that Ordinance No. 36 be read by title only. Councilman Bowen seconded. Roll call vote, unanimously approved. Mr. White then read Ordinance No. 36 by title only. Motion: Councilman Zinn moved to accept the reading of Ordinance No. 36, as- the -€-irCouncilman Bowen seconded. Unanimously approved. by title only. (Corrected by C.C. minutes 11-16-65) The second reading will be on November 23, 1965. C-5 ORDINANCE NO. 37. AN ORDINANCE CREATING AND ADDING DIVISION 8 TO PART I1,7MAPTER I. TITLE IV OF THE MORRO BAY MUNICIPAL CODE (MARINE DOCKS AND STRUCTURES) (1st reading.) Mr. White stated this is part of the Building Code and recommended the same be adopted. Mr. White read Ordinance No. 37 in its entirety. MINUTES - City Council Meeting November 9, 1965 PAGE SIX Motion: Councilman Zinn moved to accept the reading of Ordinance No. 37 as the first reading. Councilman Bowen seconded. Unanimously.approved. The second reading will be on November 23, 1965 Mayor Surfluh questioned concerning Section 4273, Item 1; small dock, :75 parking stall for each mooring space and/or each 25 lineal feet of dock. Mr. White advised this figure is based on past use and is used throughout the state. TIME RESERVED FOR INDIVIDUAL ACTION Councilman Zinn reported on his trip to Sacramento to attend the Joint Committee on Tidelands Meeting held on October 26, 1965. This Committee is proposing legislation for the 1966 Session. The Committee is working toward the directive of more control, stricter supervision and enforcement of the terms under which the tidelands are granted. The new bill will set out terms of the grant in de- tail, standardize grants and outline what local entities will be required to do to administer the grants. The State is proposing a 85-15 per cent split of net profits. Mr. McIntire stated that at the present time the bill is still in draft form and it is felt there is very little to be concerned about at this point, is the matter is still under study. Mr. White stated the Pismo Beach Chamber of Commerce is sponsoring the Annual Clam Festival, November 8 through November 14, 1965, and will hold a parade on Saturday, November 13, 1965, at 10:00 A.M. Members of the City Council are invited to participate in the parade. It was noted no members of the Council will be in attend- ance. Mr. White read letter dated October 5, 1965, from Office of Mayor, City Hall, Long Beach, relative to 'Molotov Cocktails'. It was felt more information would be needed prior to taking any action. Motion: Councilman Zinn moved the matter be tabled. Councilman Crass seconded. Unanimously approved. Mr. White noted that at 1:30 P.M. on November 10, Congressman Burt Talcott will appear at the Morro Bay High School to make presenta- tion of the 'Freedom Shrine' made available by the San Luis Obispo Exchange Club. Mayor Surfluh and Councilman Zinn are to attend. The City Council will meet with Congressman Talcott at 2:30 P.M. at City Hall to tour the Harbor. Notice of meeting of State of California Resources Agency, Depart- ment of Water Resources meeting Wednesday, November 10, 1965, 7:00 P.M. in Morro Union Elementary School Auditorium, re: Possibility of locating a desalination plant in the Estero Bay Area. The City will be represented by the Water Superintendent, Director of Public Works and Councilman Payne. MINUTES - City Council Meeting November 9, 1965 PAGE SEVEN CORRESPONDENCE 1. Letter, dated November 8, 1965, from the Pacific Telephone $ Telegraph Co., re: coin operated telephone service at Morro Bay Recreation Hall. Mr. White stated that it is the recommendation of the Telephone Company that we install semi-public telephone service in the Recreation Hall as an outside phone booth would not be used enough to warrant this type 6f installation. Semi-public ser- vice has a monthly charge of $ 75 with a guarantee to them of $.19 per day. Over a period of thirty (30) days the telephone should collect $5.70, if not, the City will be required to make up the difference, plus the monthly service charge of $.75. Mr. White recommended that it be installed inside on a trial basis and if it is not economically feasible for the City then we can have it removed. Motion: Councilman Payne moved that the phone be installed inside the Recreation Hall. Councilman Zinn seconded. Unanimously approved. 2. Notice of meeting of Small Craft Harbors Commission, November is, 1965, City Hall, Monterey, California. Morro Bay is not on the agenda and there is no need to attend. 3. Letter, dated November 2, 1965, City of San Mateo, re: Resolu- tion No. 118-65, expressing support and devotion to members of armed forces of this country fighting in Viet Nam. 4. Resolution No. 161, Resolution of the City Council of the City of Escalon, re: basic freedoms and fundamental rights in the United States. S. Letter, dated November 2, 1965, San Luis Obispo County Flood Control $ Water Conservation District, re: Salaries for Sewage Disposal Plant Operators. Motion: Councilman Zinn moved the correspondence be received and ordered filed. Councilman Payne seconded. Unanimously approved. ADJOURNMENT Motion: Councilman Zinn moved the meeting be adjourned. Councilman Payne seconded. Unanimously approved. Meeting was adjourned at 9:35 P.M. RECORDED BY: 0 � C. Ted White, City Clerk N 0 T I C E Notice is hereby given that the regular meeting of the City Council of the City of.Morro Bay . scheduled for Tuesday, October 12, 1965, was cancelled by Resolution No. 125-65, passed and adopted on September 29, 1965. The next regular meeting will be held on Thursday, October 26, 1965 C. Ted White City Clerk 11yIc N QGy. 7 /9Cf J CITY OF MORRO BAY AGENDA - City Council Meeting October 26, 1965 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES Special meeting Regular meeting Special meeting Regular meeting HEARINGS. APPEARANCES October 5, 1965 September 14, 1965 September 21, 1965 September 28, 1965 REPORTS A-1. Hearing on appeal of denial of variance to William Casper A-2. Hearing on rezoning of fraction of Lot 26, Rancho Moro y Cayucos (Young Bros. Investment Co.) A-3. Hearing to determine facts relating to Job Corps Training Center at Camp San Luis Obispo. A-4. Financial report UNFINISHED BUSINESS B-1. Ordinance No. 29, ORDINANCE STREETS BY CERTAIN VEHICLES B-2. Agreement for repayment of harbor dredging. NEW BUSINESS C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9. C-10. C-11. C-12. C-13. TIME PROHIBITING USE.OF CERTAIN CITY (Second and final reading) funds received for additional Ordinance No. 31, DELINQUENCY PREVENTION (first reading) Ordinance No. 32,,ACCUMULATED WASTE MATERIAL (first reading) Ordinance No. 33, PARADE ORDINANCE (first reading) Request for use of access road over City property. Renewal of Use Permit to Regal Sea Food Company. Agreement for Supplemental Police Mutual Aid. Agreement for roadway maintenance, South Bay Blvd. Resolution regarding recommended Change of Zoning and Setting Date for Hearing (application of R. W. Brians) Claim for reimbursement for payment made for street improve- ments, Melton's Designs. City claim regarding insurance payment for truck. Change order No. 1 - City Hall Addition. Assignment of Lease Sites.69,70, 69W and 70W - Engvall to Tyler. Budget transfers. RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT Calendar Council Meetings: November 9 and 23, 1965. Planning Commission Meetings: November.2 and 16, 1965. ADDITIONS TO AGENDA City Council Meeting October 26, 1965 - 7:30 PM Morro Bay Recreation Hall NEW BUSINESS (cont.) C-14. Notice of Completion, Improvement District No. 1 C-15. Notice of Completion, Select System Project No. 4 C-16. Request for permission to hold a street parade, Morro Bay Lions Club. C-17. Request for permission to hold a street parade, Morro Bay High School. MINUTES - City Council Meeting October 26, 1965 Morro Bay Recreation Hall The City Council meeting was called to order at 7:34 P.M. in the Morro Bay Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne and Mayor Surfluh. Absent: Councilman Zinn MINUTES Motion: Councilman Payne moved that the reading of the minutes of the regular meetings of September 14 and 28, 1965, and special meetings of September 21 and October 5, 1965, be -dispensed with. Councilman Bowen seconded. Unanimously approved. Motion: Councilman Payne moved that the minutes of the regular meet- ings of September 14 and 28, 1965, and special meetings of September 21 and October 5, 1965, be approved as written. Councilman Bowen seconded. Unanimously approved. HEARINGS, APPEARANCES $ REPORTS A-1 Hearing on appeal of denial of variance to William Casper. Mr. White stated that ,when a request for a variance has been denied by the Planning Commission, the proponent can appeal the decision within ten days. This appeal has been duly received and Notice of Hearing published. On September 17, 1965, new legislation became effective so that a variance cannot be granted for a commercial application in a residential area. The only action in this regards is that a request for a zoning change must be made, then a hearing is held by the Planning Commission and the City Council in order to amend the zoning map of the City. Mr. White then read the Section of the Government Code relating to the new law, stating we were only recently made aware of this change, therefore, the proponents were not notified at an earlier date and no action can be taken by the Council to set aside the Planning Commission decision to deny the aforesaid variance. Mayor Surfluh stated that this seems to close the door, and asked if there was anyone in the audience who wished to speak on this matter. Mr. Casper addressed the Council stating he and Mrs. Casper are partners, however, it is Mrs. Casper's project and she is not attempt- ing to conduct a business, but just to have something to do as a hobby, such as dolls, glassware and small articles. He then asked if this proposed legislation is effective as of this date, as his application superseded the legislation of September 17, 1965. Mayor Surfluh said this became law, effective September 17, 1965. Mr. Casper then said he conceded. Mayor Surfluh then declared the hearing closed and entertained a motion to concur, with the decision of the Planning Commission in their denial of the facts as presented by the City Staff. MINUTES - City Council Meeting October 26, 1965 PAGE TWO Motion: Councilman Payne moved the City Council concur with the decision of the Planning Commission in a denial of this variance. Councilman Bowen seconded. Roll call vote, unanimously approved. A-2 ORDINANCE NO. 34. AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY. (1st reading.) Mr. White advised that this is a hearing on the amendment of the Temporary Zoning Map for the rezoning of a fraction of Lot 26, Rancho Moro y Cayucos, City of Morro Bay from R-3 to C-1-N-D. Mayor Surfluh asked if there was anyone who wished to speak in opposition to the proposed rezoning. Several proponents did speak in opposition. Mayor Surfluh asked if there was anyone in favor of the rezoning. Mr. Boehm, stated Young Bros. Investment Company does not wish to place any hardship on any of the local merchants. He cited the location of new stores in San Luis Obispo and King City, both having a population of less than 50,000. He also noted the Planning Commission approved this rezoning as C-1-N-D which is strictly a neighborhood shopping center. Several proponents then spoke in favor of the rezoning. Mayor Surfluh stated if there was no further discussion, the hear- ing was now declared closed. Mr. White read Ordinance No. 34 in its entirety, stating that this ordinance changes the -zoning' _f rom. R-3 arid .C=1 to C-1-N-D which gives the Planning Commission a tight control should there be new exten- sions or applications for any additions to the Shopping Center. Councilman Crass stated he felt the Planning Commission has studied this proposed rezoning very thoroughly, and that there is C-1 property on either side of this parcel, therefore the request seems justified. Motion: Councilman Bowen moved to adopt the recommendations of the Planning Commission and that the reading of Ordinance No. 34 constitute. the first reading. Councilman Crass seconded. Roll call vote: AYES: Councilmen Bowen, Crass and Mayor Surfluh. NOES: Councilman Payne A-3 Hearing to Determine Facts Relating to Job Corps Training Center at Camp San Luis Obispo. Mayor Surfluh presented the position of the City Council in regards to the proposed Job Corps Training Center by reading a statement to those assembled, a copy of which is attached to these minutes. He then opened the matter for hearing and discussion. Proponents spoke for and against the proposed Job Corps and its location at Camp San Luis Obispo. Mayor Surfulh asked the individual Councilmen for their comments and it was determined t-hat there would be no action taken by the City Council at this time. MINUTES - City Council Meeting October 26, 1965 PAGE THREE Motion: Councilman Payne moved that the hearing be closed. Council- man Bowen seconded. Unanimously approved. A-4 Financial Report. Mr. White presented the Monthly Expenditure Report for October, 1965, Mayor Surfluh entertained a motion to approve the financial report as presented. Motion: Councilman Payne moved the Monthly Expenditure Report for October 1965, including checks numbered 1624 through 1752 be approved. Councilman Bowen seconded. Unanimously approved. UNFINISHED BUSINESS B-1 ORDINANCE NO. 29. ORDINANCE PROHIBITING USE OF CERTAIN T E B CERTAIN VEHICLES. (Second and final reading.) Motion: Councilman Payne moved that Ordinance.No. 29 be read in full as this is the second and final reading. Mr. White':statbd Ordinance No. 29 was read in its entirety on Sept- ember 28, 1965. Councilman Payne then withdrew the motion. Motion: Councilman Payne moved that Ordinance No. 29 be read by title only. Councilman Bowen seconded. Roll call vote, unanimously approved. Mr. White read Ordinance No. 29 by title only. Motion: Mayor Surfluh moved that Ordinance No. 29 be adopted. Councilman Bowen seconded. Roll call vote, unanimously approved. Mr. Hugh Case addressed the Council regarding parking problems. Mr. White stated that Ordinance No. 29, although it concerns the use of certain City Streets, does not refer to parking. Councilman Payne suggested that if Mr. Case feels this problem is urgent he will re- quest that he be allowed to address the Council during the time reserved for individual action, as it breaks into the agenda at this point. B-2 Resolution No. 133-65. RESOLUTION APPROVING RELEASE AND SETTLEMENT AGREEM= BY AND BETWEEN THE CITY OF MORRO BAY AND MONTE YOUNG. Mr. White noted that by Minute Order on September 28, 1965, the City Council acknowledged receipt of a letter from Monte and Gladys Young regarding those funds claimed by him for the additional dredging in Morro Bay Harbor. The City Attorney was directed at that time to prepare the necessary papers to bring this matter to a conclusion. • MINUTES - City Council Meeting October 26, 1965 PAGE FOUR Mr. White then read a 'Release and Settlement Agreement', stating both parties will be required to sign. Mr. White then read Resolution No. 133-6S in its entirety, noting that payments have been scheduled equally over a twelve months period, with a 4¢ differential which was added to the first payment. Motion: Mayor Surfluh moved that Resolution No. 133-65 be approved. Councilman Crass seconded. Roll call vote, unanimously approved. NEW BUSINESS C-1 ORDINANCE NO. 31. AN ORDINANCE CREATING CHAPTER III TO TITLE XI ENTITLED DELINQUENCY PREVENTION. (1st and final reading.) Mr. White again stated the proposed Ordinance is not intended to serve as a curfew ordinance, but to prevent undue loitering after certain hours. He also stated that this was an urgency ordinance and would go into effect immediately on adopption. Mr. White then read Ordinance No. 31 in its entirety. Motion: Councilman Bowen moved that Ordinance No. 31 be adopted. Councilman Crass seconded. Roll call vote, unanimously approved. C-2 ORDINANCE NO. 32. AN ORDINANCE CREATING CHAPTER IV, TITLE I OF THE MORRO BAY MUNICIPAL CODE, ENTITLED ABATEMENT OF ACCUMULATED WASTE MATERIAL. (1st reading.) Mr. White stated this Ordinance was recommended for adoption by the Planning Commission. Mr. White then read Ordinance No. 32 in its entirety. Minute Order called for to designate this as the first reading of Ordinance No. 32. Motion: Councilman Payne moved this be the first reading of Ordin- ance No. 32. Councilman Bowen seconded. Unanimously Q A., approved. C-3 ORDINANCE NO. 33. AN ORDINANCE CREATING AND ADDING SECTION 01820S TO CHAPTER III, TITLE VIII OF THE MORRO BAY MUNICIPAL CODE. Mr. White requested the reading of this Ordinance which pertains to parades, be deferred until a later meeting. The first reading was deferred until a later date. C-4 Resolution No. 134-65. RESOLUTION GRANTING A USE PERMIT TO USE AN UNIMPROVED ROAD ACROSS CITY PROPERTY. Mr. White stated Central Coast Investors have requested permission for temporary access over an unimproved road across City property MINUTES - City Council Meeting October 26, 1965 PAGE FIVE in Blocks 28A, 28B, 28C and 28D of Atascadero Beach Subdivision for the purpose of constructing improvements on lease sites 200 and 201. Mr. White read Resolution No. 134-65 in its entirety. He advised that a new road to serve this lease site will be constructed from both the north and south and tentative approval and design has been requested and is now under study by the City Engineer. Motion: Councilman Crass moved that Resolution No. 134-65 be approved. Mr. Hugh Case queried as to why the company wished to use City property rather than construct their own. Mr. White explained the City is plan- ning an extension of a sewer main from P.G.6,E to the Wastewater Treat- ment Plant and this will require trenching and extensive excavation as the sewer main will go down the center of the street. The tempor- ary road across City property will be used for construction only, and 'the Use Permit will be enforced. Councilman Bowen seconded. Roll call vote, unanimously approved. C-5 Resolution No. 135-65. RESOLUTION APPROVING GRANT OF USE PERMIT TO REGAL SEA FOOD COMPANY. Mr. White stated this is a one year extension of the present Use Permit Agreement, having the same terms and conditions. Mr. White then read Resolution No. 135-65 in its entirety. Motion: Mayor Surfluh moved Resolution No. 135-65 be approved. Councilman Bowen seconded. Roll call vote, unanimously approved. Mr. Hugh Case asked if this is property which is under litigation. Mr. White stated yes, however, the City is charged with the adminis- tration. C-6 Resolution No. 136-65. RESOLUTION APPROVING AND AUTHORIZ- NG SIGNING OF SUP PL ENTAL POLICE MUTUAL AID AGREEMENT. Mr. White called attention to letter dated October 22, 1965, from the City Attorney. The agreement is between the County of San Luis Obispo and certain cities within the County of San Luis Obispo. The agreement is not intended to supplement police protection from day-to-day, but only in the event of any local disaster, local disturbance or other local emergency which cannot be met with the facilities of any one police agency. He cited the case of the 'Hell's Angels', and recommended this particular agreement be adopted. Mr. White read Resolution No. 136-65 in its entirety. Motion: Councilman Payne moved Resolution No. 136-65 be adopted. Councilman Bowen seconded. Roll call vote, unanimously approved. MINUTES - City Council Meeting October 26, 1965 PAGE SIX C-7 Resolution No. 137-65. RESOLUTION APPROVING AND AUTHORIZING SIGNING OF ROADWAY M INTENANCE AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF MORRO BAY. (Morro-Bay- Baywood Park Road.) Mr. White stated this Agreement was prepared by the County Road Commissioner in conformance with discussions with the Director of Public Works and the City Engineer regarding maintenance responsi- bility of South Bay Blvd, (Morro Bay-Baywood Park Road) County Road #13027. Maintenance responsibility of this road is difficult and the City and County, by swapping different areas for maintenance,, will be able to maintain it more efficiently. Mr. White then read Resolution No. 137-65 in its entirety. Motion: Councilman Crass moved Resolution No. 137-65 be adopted. Mayor Surfluh seconded. Roll call vote, unanimously approved. C-8 Resolution No. 138-65. RESOLUTION REGARDING RECOMMENDED CHANGE OF ZONING AND SETTING DATE FOR HEARING. Mr. White stated that the Planning Commission at their last regular . meeting considered the request of Ralph W. Brians for a change of zoning of Lots 4, 5,6, 13, 14 and 15, Block 2F, Atascadero Beach Subdivision, City of Morro Bay from R-1 to H zone and have recommend- ed a change of zoning. A Public Hearing was then set for November 23, 1965. Mr. White read Resolution No. 138-65 in its entirety. Motion' Mayor Surfluh moved Resolution No. 138-65 be adopted. Councilman Bowen seconded. Roll call vote, unanimously approved. C-9 Resolution No. 139-65. RESOLUTION AUTHORIZING PAYMENT OF LAIM OF MELTONS DESIGNS. Mr. White reviewed the circumstances leading to this claim. The local resident requested the installation of curbs, sidewalks and gutters and they would pay for them. However, it is the policy of the City to pay for the spandrel, a portion of the gutters and drain structure that runs across the street. All these improvements have been installed and Meltons Designs is now claiming reimbursement of $149.50 for their payment for the installation of the spandrel.. Mr. Spellacy advised these improvements were made during the period when the City was taking over from the County, but that the County's policy was the same as the City"s, and he therefore recommended that this claim be honored. Motion: Councilman Bowen moved that the claim for reimbursement be approved. Councilman Crass seconded. Roll call vote, unanimously approved. Mr. White said this is a policy which has been adopted by the City to encourage residents to install improvements. The City will assume their rightful portion of the --cost. MINUTES - City Council Meeting October 26, 1965 PAGE SEVEN C-10 City claim regarding insurance payment for truck. Mr. White requested this matter be deferred until November 9, 1965, due to the absence of the..City Attorney. C-11 Resolution No. 140-65. RESOLUTION APPROVING CHANGE ORDER R 1, ADMINISTR ION BUILDING ADDITION. Mr. White advised that a request was made for the installation of a redwood gate in the West wall of the Court Yard. Further that when the City Hall was designed, in order to prevent any unnecessary expenditure, the existing water heater was to be moved to the new utility room. The water heater now needs replacing and will be installed in the present location and moved to the new location as provided in the contract. Cost of these changes is $192.06. Mr. White read Resolution No. 140-65 in its entirety. Motion: Councilman Bowen moved Resolution No. 140-65 be adopted. Councilman Payne seconded. Roll call vote, unanimously approved. C-12 Assignment of Lease Sites 69, 70, 69W and 70W - Engvall to Tyler. Mr. White asked that this matter be deferred until November 9, 1965. C-13 Budget Transfers. Mr. White stated that due to administrative requirements a transfer of funds from the unbudgeted reserves is required to place inactive funds into active accounts for items budgeted but not paid for during the past fiscal year. Minute Order called for to approve Transfer Vouncher No. 19, dated October 14, 1965. Motion: Mayor Surfluh moved that Transfer Voucher No. 19, dated + October 14, 1965, be approved. Councilman Bowen seconded. Unanimously approved. C-14 Resolution No. 141-65. RESOLUTION ACCEPTING WORK AND GIVING NOTICE CO PLETION OF IMPROVEMENTS IN IMPROVEMENT DISTRICT NO. 1, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA.- Mr. White read Resolution No. 141-65, in its entirety. Garing, Taylor & Associates, Engineers of Work, have certified that the improvements to be constructed in Improvement District No. 1, have been inspected and recommended that said work be accepted as completed on October 26, 1965. Motion: Mayor Surfluh moved that Resolution No. 141-65 be approved. Councilman Payne seconded. Roll call vote, unanimously approved. MINUTES - City Council Meeting October 26, 1965 PAGE EIGHT C-15 Resolution No. 142-65. RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION OF IMPROVEMENTS FOR SELECT SYSTEM PROJECT NO. 4, CITY.OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA. Mr. White advised this resolution is basically the same as Resolu tion No. 141-65 only that it is for the acceptance of work completed on Select System Project No. 4, Eighth Street between Main and 'C' Streets. Mr. White read Resolution No. 142-65 by title only. Motion: Councilman Payne moved that Resolution No. 142-65 be approved. Councilman.Crass seconded. Roll call vote, unanimously approved. C-16 Resolution No. 143-65. RESOLUTION GRANTING A USE PERMIT TO CONDUCT A STREET PARADE TO THE MORRO BAY LIONS CLUB. Mr. White read Resolution No. 143-65 in its entirety. Motion: Mayor Surfluh moved Resolution No. 143-65 be approved. Councilman Payne seconded. Roll call vote', unanimously approved. C-17 Resolution No. 144-65. RESOLUTION GRANTING A USE PERMIT 0 CONDUCT A STREET PARADE -TO THE MORRO BAY HIGH SCHOOL. Mr. White read Resolution No. 144-65 in its entirety. Mr. White stated as a matter of information that the High School Homecoming has been an annual affair, however,they now wish to initiate a Homecoming Parade. He then read letter dated October 20, 1965, from San Luis Obispo School District, which states the parade will be held on Wednesday, November 3, at 4:30 P.M. Motion: Councilman Payne moved that Resolution No. 144-65 be approv- ed. Councilman Bowen seconded. Roll call vote, unanimously approved. TIME RESERVED FOR INDIVIDUAL ACTION. Councilman Payne asked that at this time Mr. Hugh Case be allowed to address the Council. Mr. Case stated his wife and daughter conduct a business on the corner of Eighth and Fronts Streets and have a home over their busi- ness. They used to park on Eighth Street and walk to their back door, however, three or four months ago the City painted the curbs red and now he cannot park there. The City also installed signs 'No Parking At Any Time' and now the only way he can park at his front door is to get a $5.00 traffic ticket. He feels something should be done, and asked why he couldn't park at his own door as he does not feel it is dangerous. Councilman Bowen stated parking in this area is hazardous and he suggested a 1S minute green loading zone. MINUTES - City Council Meeting October 26, 1965 PAGE NINE Councilman Payne suggested this matter be checked by the Department Heads and recommendations made. Mayor Surfluh recommended the Department Heads check into this and report back. Mr. Spellacy stated that this had been under study prior to the changes being made and noted there have been several violations of the law at this location. He stated Mr. Case requested a crosswalk on Eighth Street and the law clearly states that when there is a crosswalk it is to be painted red 20 feet back of the crosswalk and the Ordinance clearly stated the City Engineer can designate an area as a no parking zone if it is found to be dangerous. He then said Mr. Case could park 15 minutes in front of his store where it is safe, but notion the slope of the hill on Eighth Street. Councilman Crass stated he doesn't know in town and the City is required to act all and he concurred with the findings No further action taken on this matter. CORRESPONDENCE. of a more.hazardous corner for the best interests of of Mr. Spellacy. 1. Letter, dated September 27, 1965, from Morro Union Elementary School District, re: Their desire to seek an agreement with the City to grant a roadway in front of Del Mar Elementary School. Mr. White also read an excerpt from the minutes of the Board of Trustee's Meeting, dated September 20, 1965, whereby a motion was made that the superintendent be authorized to draw up an agreement with the City to grant a roadway along the south end of Del Mar School Property. Mr. White noted this street is barri- caded and recommended that in order to preclude any possible acci- dent, should there be an emergency response, that the street be opened. The School owns this property in fee. 2. Letter, dated September 27, 1965, Congress of United States, from Burt L. Talcott, thanking the City for their letter dated August 30, 1965, relative to his bill concerning Morro Rock. 3 4 Mr. White noted this bill was passed by the House and the Senate is now awaiting the second session of the 89th Congress, which convenes in January of 1966, before taking any action. Letter, dated September 29, 1965, from Department of Administra- tive Management, re: Powers and duties of Local Agency Forma- tion Commissions. Mr. White stated this letter would not be read at this time, however, it will be on file and available for anyone interested. Letter, dated October 4, 1965, from Peter M re: Metal Library Shelving. Kardel, City Attorney, MINUTES - City Council Meeting October 26, 1965 PAGE TEN Mr. White stated this is a proposed anti-trust suit by the State against several companies manufacturing and selling metal library shelves. This letter is for information only and does not concern this City. S. Letter, dated October 5, 1965, from Mayor,Long Beach, re: A growing concern over the increased wave of violence by use of Molotov Cocktails, and requesting that this City review this matter and join in urging Governor Brown to consider this at this Legislative Session. Mr. White asked if the Council wished to take any action on this matter. Councilman Payne stated he felt it should be deferred until a later date. Mayor Surfluh asked that this matter be placed on a future agenda. 6. Letter, dated October 7, 1965, from San Luis Obispo Chamber of Commerce, re: Four day Planning Conference to be held on February 2, 9, 16 and 23, 1966. The San Luis Obispo Economic Development Committee is asking for key axea•iiidiviials for.each of the four evenings as a reaction and evaluation panel. Mr. White stated a copy of this letter will be distributed to each Councilman for their recommendation and any possible suggestions. 7. Letter, dated October 7, 1965, from Division of Highways, re: Copies of actual gas tax revenues allocated to the City for fiscal year ending June 30, 1965. Mr. White noted funds of $52,516.42 as the City's share of gas tax revenue based on actual collection during the last fiscal year. 8. Letter, dated October 15, 1965, from Department of Roads and Surveyor, re: Grading and paving of 66th Street, Bay Avenue and Las Tunas, and acknowledging receipt of a check for $3,640.32 in payment for work performed with their own forces and contract- ed through competitive bids. 9. Letter, stamped received October 20, 1965, from the Pismo Beach Chamber of Commerce, re: Annual Clam Festival, November 8 through November 14, 1965, and inviting Council members to participate in the parade. Mr. White stated this will require an answer at this time or with- in the next few days. Mayor Surfluh suggested that each Council- man, at their next visit to the City Hall, discuss this matter with Mr. White as to whether they plan to attend. 10. Letter, dated October 20, 1965, from Gilbert C. Crill, Morro Bay, re: Sub -Lease between Gilbert C. Crill and Rae M. Crill, Lessors and James T. White and Ardyce L. White, Lessees, covering Lease Sites 136 and 137, Waterfront, Morro Bay, and giving notice of cancellation and termination by mutual consent through escrow, effective October 1, 1963. MINUTES - City Council Meeting October 26, 1965 PAGE ELEVEN 11. Letter, dated October 15, 1965, from California Legislature, Joint Committee'on Tidelands, re: Joint Committee on Tidelands will hold a meeting on October 26, 1965, at 2:00 o'clock P.M. in Sacramento, California, to review proposed tidelands legisla- tion. 12. Letter, dated October 19, 1965, from Housing $ Home Finance Agency, re: Workshops in San Francisco on November 29 and 30, and Seattle, Washington, on December 2, 1965. Mr. White stated this matter can be presented again at a later date after more information is received concerning this particular' program. Motion: Councilman Payne moved the correspondence be received and ordered filed. Councilman Bowen seconded. Unanimously approved. ADJOURNMENT Motion: Councilman Bowen moved the meeting be adjourned. Councilman Crass seconded. Unanimously approved. Meeting was adjourned at 9:34 P.M. RECORDED BY: l .QJ ? d �Fed White, City Clerk a A-3 Job Corps Training Center October 26, 196S The series of events leading up the hearing on The Job Corps Training Center will require some clarification. First, the Philco Corporation arrived on the scene to investi- gate the facilities of Camp San Luis to determine the adequacy of said camp for a Job Corps Training Center. This caused much comment from residents in San Luis Obispo and Morro Bay and was a newsworthy item for the local news media. Needless to say, much controversy ensued. The treatment of this controversial subject given by the press was based only on what facts were made known to them by Philco Corpora- tion and our Local Office of Economic Opportunity and the coverage was quite complete and factual - to a point. The one fact that was completely overlooked by both the press and public agencies involved was that no official sanction as to the location of the Job Corps Training Center at Camp San Luis Obispo had been given given by any agency of the Federal Government. The only information this Council had in regards to this facility and its possible location at Camp San Luis was given to us by the press and an Order of the Board of Supervisors directing that no action would be taken by their Board on this matter prior to a decision by the Cities of Morro Bay and San Luis Obispo - a course of action that was commend- able. As it stands now, we the Council feel that this hearing was premature and will serve no purpose .until some positive action is taken by the Federal Government. To grant or deny our approval of any installa- tion before being requested to do so would seem illogical, to say the least. If any person wishes to comment on any matter relative to this subject you may do so at this time, however, we must ask that your comments be precise and to the point, and that you add something by your comments that has not already been said. 0 0 NOTICE OF SPECIAL MEETING There will be a special meeting of the Morro Bay City Council on Thursday, October 7, 1965 at 7:30 P. M. in the Morro Bay Recreation Hall to discuss the City's position on current water- front litigation and the reasons why said City did not come to an agreement on settlement of this issue with the County of San Luis Obispo. FIR :— Dated: 10-5-65 I Morro Bay City Council MINUTES OF SPECIAL MEETING October 7, 1965 - 7:30 P.M. Morro Bay Recreation Hall Meeting was called to.order at 7:30 P.M. by Mayor Surfluh and the Pledge of Allegiance was given, followed by the Invocation. . ROLL CALL Present: Councilmen.Bowen;' Crass, Payne, Zinn and Mayor Surfluh Absent; None Mayor Surfluh reviewed the series of events leading up to the recent efforts of the City to negotiate a settlement on property in the Morro Bay Harbor area. Councilman Zinn reviewed the settlement.agreement as proposed section by section and comments were made by othe.r.councilmen. At the con- clusion of this comprehensive review; the Mayor asked for comments from the audience. Comments were made by many persons in attendance at this special.meeting. At the conclusion of•the question and answer period, ,the following motion was made: MOTION: Councilman Crass moved to adjourn the meeting. Councilman Payne seconded. Motion.passed unanimously. Meeting adjourned at 9:48 P.M. WK111%OW11W. "I 0, Q6;� �TED WHiTE, City Clerk NOTICE OF SPECIAL MEETING There will,lbe a special meeting of the Morro Bay City Council at 7:30 PM, Tuesday, October 5, 1965 in the Morro Bay Recreation Hall to consider the;.tollowing matter: ORDINCE EXTENDING THE MORRO BAY TEMPORARY INTERIM ZONING ORDINANCE AND MAP FOR AN ADDITIONAL YEAR (Ordinance No, 30) Dated: 9.23-65 City of Morro Bay ADJOURNED SPECIAL MEETING Joint City and County Meeting October S. 1965 - 10:00 A.M. Courthouse Annex, San Luis Obispo, Calif. This meeting was adjourned to this time and place from the special meeting held on September 12, 1965. The meeting was called to order at 10:07 A.M. by Chairman Fred Kimball, Board of Supervisors. PRESENT: Morro Bay City Council, all members County Board of Supervisors, all members City Attorneys Kardel and McIntire District Attorney J. Powell, Deputies Johnson and Hubbard C. T. White, W. Waggoner Chairman Kimball opened the meeting to discussion on the County's settlement proposal. Copies of the proposal, as amended at the last meeting, were given to all those present. Discussion began on new Section 10 relating to afterdiscovered property. A mutually acceptable boundary description was accepted by both bodies after lengthy discussion, and will appear as Exhibit 'E' to the County proposal. Mayor Surfluh requested time in recess for discussion of the County's proposal. Recess called at 11:25 A.M. �°Adjourned to Administrator's Conference Room. Reconvened at 11:40 A.M. Mayor Surfluh requested that a committee of the Council and the Board meet for lunch to discuss further a' possible means of settlement. The Board agreed and it was decided that Chairman Kimball and Supervisor Carpenter would meet with Mayor Surfluh and Councilman Zinn for lunch at ll:50 A.M., to reconvene at 2:00 P.M. Meeting reconvened at 2:10 P.M. Mayor Surfluh made the following proposals for settlement: 1. The City to accept the County proposal as amended if the City's Section 4 on Indemnification be substituted for the County's Section 5 on Indemnification, or 2. Withdraw the City's request for $38,000.00 as settlement to the litigation if the County's 'Stipulation and Agree- ment' be made in the form of a 'Judgement', or 3. If payment made of $38,000.00 to the City for final settle- ment, the City will accept the County proposal as amended. Discussion was held on the aforementioned City offers of settlement. Chairman Kimball requested a recess to discuss the City's offer. Recessed at 2:30 P.M. City Council members and all others left the room for this recess. Reconvened at 3:00 P.M. Chairman Kimball stated that the counter proposals as offered by the City are not acceptable. He again offered the County's 'Stipulation and Agreement' as amended to the City. MINUTES - ADJOURNED SPECIAL MEETING Joint City F, County Meeting October 5, 1965 PAGE TWO Mayor Surfluh stated that he would entertain a motion by the Council. Motion: Councilman Crass moved that the City Council reject the County's 'Stipulation and Agreement' as amended. Second- ed by Councilman Payne. Roll call vote: Ayes: Council- men Bowen, Crass, Payne, Zinn and Mayor Surfluh. Noes: None. Chairman Kimball declared the meeting closed. Mayor Surfluh entertained a motion to adjourn. Motion: Councilman Zinn moved that the Council adjourn. Seconded by Councilman Payne, passed unanimously. Meeting adjourned at 3:07 P.M. RECORDED BY: �/k�_t CCTWhite, City Clerk n u CITY OF MORRO BAY AGENDA - City Council Meeting, Special Meeting October 50 1965 Morro Bay Recreation Hall Call to order Pledge of Allegiance Roll call BUSINESS 1. ORDINANCE EXTENDING THE MORRO BAY TEMPORARY INTERIM ZONING ORDINANCEE AND NAP FOR AN ADDITIONAL YEAR. (Ordinance No- 36) Morro Bay City Council MINUTES OF SPECIAL MEETING October S, 196S - 7:30 P.M. Morro Bay Recreation Hall Meeting was called to order at 7:30 P.M. by Mayor Surfluh and the Pledge of Allegiance was given, followed by the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh Absent: None Mayor Surfluh announced that this is the time to consider the adoption of an ordinance to extend the temporary Interim Zoning Ordinance and Map for another year. The proposed ordinance was read in full by Mr. White. Mayor Surfluh asked if there was anyone present who wished to speak in favor of, or against, the adoption of Ordinance No. 30, ",ORDI- NANCE EXTENDING THE MORRO BAY INTERIM ZONING ORDINANCE AND MAP FOR AN ADDITIONAL YEAR'. There being no comments either for or against the adoption of this ordinance, Mayor Surfluh declared the hearing closed and entertained a motion for the adoption of Ordinance No. 30. Motion: Councilmen Zinn moved for the adoption of Ordinance No. 30. Motion seconded by Councilman Bowen. Roll call vote: Ayes: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh. Noes: None Mayor Surfluh asked if there was any further business to come be- fore this meeting. Councilman Payne commented on.today's conference on the settlement of Harbor Litigation with the County. .In order to determine the need for an information meeting to be held on this coming Thursday, October 7, Councilman Zinn further explained the position of the Council on this matter to those present. Comments were made from the audience. Motion: Councilman Payne moved that the City:Council hold a special meeting on Thursday, October 7, 1965, at 7:30 P:M. to relate to the public the City's position on waterfront litigation and why this Council did not come to any agree- ment with the County. Seconded by Councilman Bowen. Unanimously approved. Mayor Surfluh entertained a motion to adjourn. Motion: Councilman Bowen moved the meeting be adjourned. Councilman Zinn seconded. Unanimously approved. Meeting adjourned at 7:S0 P.M. RECORDED BY: C. Tie WWhiite`, City Clerk CITY OF MORRO BAY AGENDA - City Council Meeting September 28, 1965 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of September 14, 1965. HEARINGS, APPEARANCES & REPORTS A-1. Hearing regarding application for Taxi Service. A-2. Financial Report. UNFINISHED BUSINESS B-1. Resolution Accepting Deeds From Division of Highways. B-2. Resolution Extending Date of Performance of Contract, Improvement District No. 1. B-3. Resolution Accepting Deed to Monte Young Park. B-4. Resolution Authorizing Recordation of Contract and Bonds. B-5. Resolution Designating The Intersection of Eighth and Main Streets As A Four -Way Stop Intersection. B-6. Discussion of Proposed Job Corps Training Center at Camp San Luis Obispo. NEW BUSINESS C-1. Ordinance Relating to Abatement of Accumulated Waste Materials. C-2. Ordinance Relating to "Curfew". C-3. Ordinance Relating to Atascadero Beach. C-4. Bicycle and Dog License Program for 1966. C-5. Resolution Changing Dates of Council Meetings for October. C-6. Resolution Regarding Recommended Change of Zoning and Setting Date for Hearing. C-7. Resolution Granting Variance to Hanson and Koehl. C-8. Resolution Granting Variance to Bollinger. C-9. Resolution Granting Variance to Hampton. C-10. Telephone Installation for Recreation Hall. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT CALENDAR 1. Council Meetings: To be adopted. 2. Planning Commission Meetings: October 5 and 19, 1965. MINUTES - City Council Meeting September 28, 1965 Morro Bay Recreation Hall The City Council meeting was called to order at 7:38 P.M. in the Morro Bay Recreation Hall with the Pledge of Allegiance. Councilman Zinn gave the Invocation. ROLL CALL Present: Councilmen Bowen, Payne, Zinn and Vice -Mayor Crass. Absent: Mayor Surfluh; MINUTES Vice -Mayor Crass stated the minutes of September 14, 1965, would be deferred for approval until the next meeting as they are incomplete at this time. HEARINGS, APPEARANCES AND REPORTS A-1 Resolution No. 120-65. RESOLUTION GRANTING CERTIFICATE OF PUBLIC CONVENIENCE FOR THE OPERATION OF A TAXICAB. Vice -Mayor Crass announced this was the time for the hearing of the application for a Certificate of Public Convenience for the operation of a Taxicab Service within the City of Morro Bay. He then asked if there were any proponents for or against the issuance of the Certifi- cate of Public Convenience for the operation of a taxicab service, and there were none. Councilman Payne stated many people have entered his place of business and voiced the opinion for a need of a taxi service in Morro Bay. Mr. White advised this application has been investigated and a report submitted by the Chief of Police in compliance with Ordinance No. 5', Section S. The applicants have met all the provisions of Ordinance No. S. the application is proper and this hearing has been duly advertised. Mr. White then reviewed Resolution No. 120-65. In a discussion it was noted the colors of the taxicab have been changed from that specified in the application to yellow with black markings. Delivery can be expected within approximately three weeks. Mr. Giannini addressed the Council regarding reasonablb'feds.;between San Luis Obispo and Morro Bay. Vice -Mayor Crass stated that some other type of transporation is being considered for this type of public transportation. There being no further comments on this matter, Vice -Mayor Crass declared the hearing closed. Vice -Mayor Crass then entertained a motion to deny or grant this appli- cation. Motion: Councilman Bowen moved that Resolution No. 120-65 be adopted. Councilman Payne requested that Resolution No. 120-65 be read in full. MINUTES - City Council Meeting September 28, 1965 PAGE TWO Mr. White read Resolution No. 120-65 in its entirety. Councilman Zinn seconded. Roll call vote: AYES: Councilmen Bowen, Payne and Zinn. NOES: None ABSTAINED: Vice -Mayor Crass. Vice -Mayor Crass stated that due to the fact he has an interest in the Company he would abstain from voting. A-2 Financial Report. Mr. White presented the Monthly Expenditure Report for September, 1965. Motion: Councilman Zinn moved the Monthly Expenditure Report for September, 1965, including checks numbered 1463 through 1623, and payroll check number 356, be approved. Council- man Payne seconded. Unanimously approved. UNFINISHED BUSINESS B-1 Resolution No. 121-65. RESOLUTION ACCEPTING DEEDS FROM DEPARTMENT OF PUB WORKS, DIVISION OF HIGHWAYS, STATE OF CALIFORNIA. Mr. White stated that several months ago the City Council approved the purchase of three parcels of property declared surplus.on completion of the freeway through Morro Bay. These properties are primarily portions of streets and existing roads declared surplus by the State and the Deeds have been fully consumated. Mr. White read Resolution No. 121-65 in its entirety. Motion: Councilman Zinn moved to adopt Resolution No. 121-65. Councilman Bowen seconded. Roll call vote, unanimously approved. B-2 Resolution No. 122-65. RESOLUTION EXTENDING DATE OF PER- FORMANCE —0—F—CURTTUTT, IMPROVEMENT DISTRICT NO. 1, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, STATE OF CALIFORNIA. Mr. White noted that due to certain delays in performing the contract for the work and improvements to be done in Improvement District No. 1, the City Engineer has requested an extension of time for the per- formance of the contract between C. S. Construction Company and the City of Morro Bay. Mr. White then read Resolution No. 122-65 in its entirety. Motion: Councilman Payne moved to adopt Resolution No. 122-65. Councilman Zinn seconded. Roll call vote. Unanimously approved. B-3 Resolution Accepting Deed to Monte Young Park. Mr. White stated there is some question regarding the wording of this Deed and the restrictions placed upon it, if the Deed is accepted as written. The Deed will be checked by the City Attorney and District Attorney. MINUTES - City Council Meeting September 28, 196S PAGE THREE Mr. McIntire advised that in the event the City doesn't maintain the property completely and solely as a public park, the property will revert back to the County, therefore it is up to the Council to deter- mine whether they wish to accept the Deed with these restrictions. The County proposes A: Quitclaim Deed with respect to the Monte Young Park, subject however, to the following terms and conditions: (1) Express condition that at all times the Monte Young Park shall be open to residents of unincorporated territory. (2) Property will be used for public park and playground purposes. Should the City use it for other than a public park, this could place in effect the reversionary clause without anyone actually being aware of it. He cited the problems incurred when the School District deeded the Recreation Hall property to the City, stating that if the landscaping clause was not kept in effect the property would revert to the District. This was resolved by agreement. Mr. McIntire stated that a reversion- ary clause is not good as it clouds the title. He suggested the matter be referred back to the County and then if Council wishes to be bound by these restrictions, then suggest to the County that it be agreed in a separate bi-lateral agreement which would be enforcable. Mr. McIntire suggested forwarding a copy of the proposed Deed to the District Attorney. Councilman Bowen suggested t•h e City Attorney be instructed to study. the matter and make recommendations at the next Council Meeting. Mr. White noted that the City Attorney has been in contact with the District Attorney regarding the Sth and 6th Street Park. Motion: Councilman Payne moved the matter be referred back to the County through the City Attorney. Councilman Zinn seconded. Unanimously approved. No action taken on the proposed resolution. B-4 Resolution No. 123-65. RESOLUTION AUTHORIZING RECORDATION OF CONTRACT, PERFORMANCE BOND AND LABOR AND MATERIAL BOND FOR CONSTRUCTION OF ADDITIONS TO CITY ADMINISTRATION BUILDING. Mr. White stated the Performance Bond and Labor and Material Bond were not included in the original Resolution No. 112-65, awarding the contract for construction and authorization to record was required. Mr. White then read Resolution No. 123-65 in its entirety. Motion: Councilman Zinn moved to adopt Resolution No. 123-65. Councilman Payne seconded. Roll call vote, unanimously approved. B-5. Resolution No. 124-65. RESOLUTION DESIGNATING THE INTER- SECTION OF EIGHTH ANT MAIN STREETS AS A FOUR-WAY STOP INTERSECTION. Mr. White stated that at the last regular meeting, by Minute Order the City Council directed that the intersection of 8th and Main Streets be designated as a four-way stop, and the City Admistrator prepare a Resolution for the same. 0 • MINUTES - City Council Meeting September 28,,1965 PAGE FOUR Mr. White read Resolution No. 124-65 in its entirety. Motion: Councilman Payne moved that Resolution No. 124-65 be adopted. Councilman Zinn seconded. Councilman Bowen stated he is not opposing this, but since there have been two recent accidents on this corner, he felt that consideration should be given to the installation of flashing lights at the inter- section so that south bound traffic coming up over the hill would be apprised, as a warning, of a stop ahead. Mr. Spellacy advised that 'yellow signs - st6p ahead' will be installed signifying the signal ahead. Councilman Payne asked about the hump on 8th Street and whether it will be removed. He was advised this is under contract and the hump will be removed and the street blacktopped. The work will be started by September 30th. Roll call vote, unanimously approved. B-6 Discussion of Proposed Job Corps Training Center at Camp San Luis Obispo. Mr. White advised that at the last regular meeting it was determined that a course of action would be taken by the Council as to their position in the matter of the proposed Job Corps Training Center. Mr. Lutz addressed the Council stating the Center will accommodate between 1000 and 2000 young unemployable men, 16 through 21 years of age, who will receive approximately one year of extensive vocational training in various mechanical types of trades. A staff of 250 to 300 personnel will be required, with families living on and off the center, thus increasing local trade. He stated adverse conditions will be.the impact of so many young men in the area. There is no racial discrimination and enrollees are not recruited. The Center will be strictly administered and no student cars will be allowed. Youths will go into town only on a pass with bus transportation pro- vided by the Center. Should a trainee get into trouble, his enrollment will be terminated, but he cannot be forced to return to his home. A local San Luis Obispo businessman has offered to charter a bus to visit Camp Parks, to view first hand a similar camp in another community. When these plans are finalized the City Administrator will be notified in order to determine who will be interested in taking the tour. Vice -Mayor Crass then thanked Mr. Lutz and asked for comments from the audience. Proponents spoke for and against the establishment of the Center. In a discussion it was felt a public hearing should be held, however, it might be best to have all interested citizens, as well as Councilmen, visit a Job Corps Camp prior to the hearing. Minute Order called for to establish a public hearing. Motion: Councilman Zinn moved that October 26, 1965, be set for a public hearing on the proposed Job Corps Center. Council- man Bowen seconded. Unanimously approved. MINUTES - City Council Meeting September 28, 196S PAGE FIVE NEW BUSINESS C-1 Ordinance Relating to Abatement of Accumulated Waste Materials. Mr. White stated this Ordinance has been presented to the Planning Commission for study, review and comments and returned with a recommendation that it be adopted. This ordinance will be placed on the Agenda of the next Council Meeing for the 1st reading. C-2 Ordinance Relating to 'Curfew'. Mr. White stated the proposed Ordinance is not intended to serve curfew purposes, but to prevent undue loitering after certain hours. Mr. White then read the proposed Ordinance, advising that the ordinance tries to put the blame, where many times it is not placed, in the lap of the parents, and will serve as a guide to help law enforcement. Chief Holleman said this ordinance is used in many cities as a guide to the control of youths loitering on corners or drinking in cars. Councilman Payne proposed a committee be appointed of principals of the schools, and two ministers in the community to help draw up this ordinance in order that the pulse of the community may enter into, all to work with Chief Holeman. Councilman Bowen disagreed stating the ordinance as drawn up is a desirable 'leash law' and will leave the police department,a free hand and nothing else is need- ed to cover the juvenile problem. Mr. White advised that the ordinance is subject to review by the legal staff and will be presented at the next regular meeting for the 1st reading. Motion: Councilman Payne moved that a committee be formed of two ministers, one Councilman, three principals of schools, two citizens and Chief Holeman. Vice -Mayor Crass seconded. Councilman Zinn said the ordinance does not seem complicated and it will help prevent juvenile loitering on street corners after 10:00 P.M., also he is not opposed to a citizens committee, but does not see any need for one. Roll call vote: AYES: Councilman Payne. NOES: Councilman Bowen, Zinn and Vice -Mayor Crass. Minute Order called for to refer the proposed ordinance to the City Attorney. Motion: Councilman Zinn moved that the proposed ordinance be referred to the City Attorney for clarification of legal language. Councilman Payne seconded. Unanimously approved. MINUTES - City Council Meeting September 28, 1965 PAGE SIX C-3 ORDINANCE NO. 29. ORDINANCE PROHIBITING USE OF CERTAIN CITY STREETS BY RTAIN VEHICLES. Mr. White stated that at the last Council Meeting the City Attorney made certain recommendations regarding use of streets in the Atascadero Beach Area which have been controlled by a resolution of the Council. The resolution was amended by an oral resolution which removed the restrictions from Azure and Indigo Streets. This Resolution is now to be replaced by an Ordinance. Mr. White read Ordinance No. 29. Mr. McIntire advised this is a special ordiance, meaning limited application. The second reading of Ordinance No. 29 will be on October 26, 1965. C-4(a) Dog License Program for 1966. Mr. White advised that under the provisions of Ordinance No. 20, the Morro Bay Municipal Code specifies that dog licenses can be issued on November 1st and that due to the fact that requests for licenses have been made a notice has been published that licensing will begin on October 1, 1965, one month earlier. Fees are $3.00 for a male and spayed female and $4.00 for a female. Licenses can be obtained at the City Hall. (b) Bicycle License Program for 1966. Mr. White stated that upon review bicycle licenses as a source of revenue is not good, therefore he recommended that licenses be issued on a no -fee basis, not annually, but on a one-time basis for the life of the bicycle. Licenses will be pressure sensitive stickers, number- ed, stating Morro Bay Bicycle License, and issued by the Police Depart- ment who will also maintain a record of the serial number and identifi- cations. Minute Order called for a 'no -fee bicycle license.policy for the City of Morro Bay'. Motion: Councilman Zinn moved to so direct that the Bicycle License Program be a 'no -fee program' and the licenses be issued by the Police Department. Councilman Payne seconded. Unanimously approved. The press is to be notified when the licenses will be issued. C-5 Resolution No. 125-65. RESOLUTION CHANGING DATES OF CITY COUNCIL MEETINGS 0 HE MONTH OF OCTOBER, 1965. Mr. White stated the Annual Conference of the League of California Cities will be held in San Francisco on October 11, 12 and 13, 1965, and will conflict with the next regular Council Meeting. He there- fore recommended the City Council Meeting of October 12, 1965, be cancelled. He advised of the Adjourned Special Joint Meeting of the City and County to be held at 10:00 A.M. on October S. 196S, stating only the matter of the settlement agreement will be taken up. On 0 r MINUTES - City Council Meeting September 28, 1965 PAGE SEVEN October 5th, the Council will be required to meet at 7:30 P.M. to consider the extension of the City of Morro Bay Temporary Interim Zoning Ordinance, adopted on October 6, 1964, which must be extended for one additional year. This meeting has been advertised in the Telegram Tribune and The Sun and a public hearing will be held on October 5, 1965. Mr. White read Resolution No. 125-65 in its entirety.. Mr. McIntire suggested the date of October 26 be inserted in the first paragraph of Resolution No. 125-65. Motion: Councilman Payne moved that Resolution No. 125-65 be adopted. Councilman Zinn seconded. Unanimously approved. C-6 Resolution No. 126-65. RESOLUTION REGARDING RECOMMENDED CHANGE OF ZONING A D SETTING DATE FOR HEARING. Mr. White stated three zoning changes have been recommended for approval and it will be required to hold apublic hearing at Council level to change the zoning ordinance. .It is not anticipated that these hearings can all be held on the same date, therefore he re- commended the Council set one hearing per meeting, spreading them out over several weeks, due to other matters which will also be on the Agenda. As Young Brothers Investment.Company's rezoning request is the most pressing, he recommended a Public Hearing be set for October 26, 1965. Also that a public hearing on changing the zoning on Lots 60, 63, 64, 67, 68, 71, 72, 75 and 76, Block 31, Atascadero Beach Sub- division be set for November 9, 1965, and another hearing on property of Allen L. Buck and Arden L. Buck, at 4th and Kern Avenue, be set for November 23, 1965. Mr. White read Resolution No. 126-65, Young Brothers Invest- ment Company, in its entirety. Motion: Vice -Mayor Crass moved Resolution No. 126-65 be adopted. Councilman Zinn seconded. Roll call vote, unanimously approved. Mr. White reviewed Resolution No. 127-65, Zone Change Block 31, Atascadero Beach Subdivision. Motion: Councilman Zinn moved Resolution No. 127-65 be adopted. Councilman Bowen seconded. Roll call vote, unanimously approved. Mr. White reviewed Resolution No. 128-65, Allen and Arden Buck. Motion: Councilman Zinn moved Resolution No. 128-65 be adopted. Councilman Payne seconded. Roll call vote, unanimously approved. C-7 Resolution No. 129-65. RESOLUTION GRANTING A VARIANCE TO R. 0. HANSON AND M. H. KUEHL Mr. White read Resolution No. 129-65 in its entirety. MINUTES - City Council Meeting September 28, 1965 PAGE EIGHT Mr. Rogoway advised the Council this request is for a variance to allow a coin operated car wash, a use normally allowed only ina C-2 Zone, on the easterly ninety-seven feet of Lot 4, Block 30, Town of Morro. He also questioned the omission of a condition of closing off the access during non -business hours, and asked the minutes of the Planning Commission be checked. The addition of this condition was made. Mr. White stated that the Planning Com- mission recommends approval subject to the stated conditions. Motion: Councilman Zinn moved Resolution No. 129-65 be adopted. Councilman Payne seconded. Roll call vote, unanimously approved. C-8 Resolution No. 130-65. RESOLUTION GRANTING A VARIANCE TO GEORGE B L I GER. Mr. White read Resolution No. 130-65 in its entirety. Mr. Rogoway advised this is a request for a variance to allow a 21' front yard setback rather than the required 25' on Lot 11, Block 4, Morro Bay Vista Tract 3, Morro Bay. He stated it is the desire of the applicant to enclose,.the present car port in front of the garage. There are not enough houses in the area to qualify for the 25' setback and Mr. Bollinger desires to expand the house for his family dwelling. The Planning Commission recommends approval. Motion: Councilman Payne moved Resolution No. 130-65 be approved. Councilman Bowen seconded. Roll call vote, unanimously approved. C-9 Resolution No. 131-65. RESOLUTION GRANTING A VARIANCE TO O N C. HAMPTON. Mr. White read Resolution No. 131-65 in its entirety. Mr. Rogoway stated this application is for a variance to allow a 2'' setback rather than the required 3' on Lot 12 and a portion of Lots 11 and 13, Block 11-E, Atascadero Beach Tract, Morro Bay. The lot is very shallow, the structure is located too close to the fence, is roofed with transluscent material and does not meet specifications. Mr. White stated the applicant built the patio. in error and was unaware of the building code specifications. There were no complaints but being a good citizen he did make application in order to comply with building regulations. Mr. Hampton felt he should comply with the laws of the City so he made the necessary application. Mr. White stated that Mr. Hampton is to be commended for his efforts to comply with the provisions of the local building regulations. Motion: Councilman Bowen moved Resolution No. 131-65 be adopted. Councilman Zinn seconded. Roll call vote, unanimously approved. C-10 Telephone Installation for Recreation Hall. Mr. White advised that organizations using the Recreation Hall have requested a pay telephone be installed on the premises of the MINUTES - City Council Meeting September 28, 1965 PAGE NINE Recreation Hall. The telephone company has been contacted and if it can be determined by the Salinas Office it is a public advantage there would be no charge to the City. Mr. White stated he feels there would be enough use to warrant installation of the phone booth. Minute Order called for to request installation of a free standing phone booth. Motion: Councilman Zinn moved the City Staff contact the Telephone Company and request installtion of a freestanding phone booth outside of the building. Councilman Payne seconded, unanimously approved. TIME RESERVED FOR INDIVIDUAL ACTION Mr. White presented a Proclamation Designating October 1 and 2.as. White Cane Days initiated and requested by the Morro Bay Lions Club. Mr. White then read the Proclamation in its entirety. Vice -Mayor Crass indicated he will sign the proclamation. C-11 Resolution No. 132-65. RESOLUTION AUTHORIZING MODIFICATION TO CONTRACTS FOR SEWAGE DISPOSAL SERVICE AND WATER SERVICE BY AND BETWEEN THE CITY OF MORRO BAY AND THE DEPARTMENT OF THE NAVY. Mr. White stated this modification is requested by the Department of the Navy for contracts for sewage disposal at the tank farm. The modification proposes two changes that will not affect our contractual relations with the Navy. He then recommended the modifications be approved. Mr. White read Resolution No. 132-65 in its entirety. Motion: Councilman Zinn moved Resolution No. 132-65 be approved. Councilman Bowen seconded. Roll call vote, unanimously approved. 'Lost Land' Properties, vicinity of the Golden Tee. Mr. McIntire addressed the Council regarding a letter dated September 14, 1965, whereby the District Attorney asked the City Council for their recommendation and thoughts with respect to questionable property located 200 feetnorth of the Golden Tee, property which has recently been involved in litigation by and between the County and The Stocking Estate. He stated the matter was litigated in the Superior Court, a judgment has been entered and the time for appeal to the Court has expired. The title was awarded to the Stocking Estate. The County has until October 7, 1965, to appeal this adverse determination to the Bureau of Land Management. He noted that in talks with the District Attorney it was indicated that the County may be making this appeal on behalf of the City because the property does lie within the City limits and the City may need the property, however, there is'no written corres- pondence to indicate this. The County's action indicated the County's MINUTES - City Council Meeting September 28, 1965 PAGE TEN application is to purchase the strip for public recreational purposes if a resurvey indicates that the land is available for purchase. Mr. McIntire noted the Board of Supervisors refer to their action as for 'park and recreational purposes', which may indicate County's intention to obtain the property and, perhaps, deed it to the City. In a discussion it was the Council's feeling the County should pro- ceed with their request at this time as the City has nothing to lose and everything to gain. Minute Order called for to inform Board of Supervisors of the City's agreement with their plans. Motion: Councilman Payne moved the Board of Supervisors be informed the City is in agreement with their plans and if they are successful in the appeal, the property be for public purposes. Councilman Zinn seconded. Unanimously approved. Councilman Zinn stated he had contacted Mr. John Reid of the San Luis Obispo National Bank regarding a letter from Monte and Gladys Young. He then read the letter dated September 28, 1965, whereby the Young's requested repayment of the City of Morro Bay's loan be repaid in six (6) equal installments as they borrowed these funds to make them available to the City, and have paid over $1400 in interest. Repay- ment of the loan is their only means of repaying their loan and they have irrevocably assigned these payments to the San Luis Obispo National Bank and ask that the City acknowledge this assignment. Minute Order called for to acknowledge this letter. Motion: Councilman Zinn moved this letter be stamped received and filed for public record. Councilman Payne seconded. Unanimously approved.. In a discussion it was felt the Council should direct the City Attorney to draw up the necessary papers to bring this matter to a close. It was noted that by motion on September 14, 1965, repayment was approved on a six to twelve month basis. The City Staff recommended that the maximum number of payments be utilized to prevent a depletion of the working capital of the City. Councilman Zinn stated Mr. Young wished to thank the Council and that he is very appreciative of their action. Also that Mr. Young indicat- ed he will pay the interest - no burden to the City. Motion: Councilman Payne moved that due to budgetary requirements of the City over the next six to twelve months, the City pay Monte Young over a twelve month period. Councilman Bowen seconded. Unanimously approved. Minute Order called for to instruct the City Attorney to prepare the necessary papers to bring this matter to a conclusion. Motion: Councilman Zinn moved that the City Attorney draw up the necessary legal documents to bring this repayment to its conclusion. Vice -Mayor Crass seconded. Unanimously approved. MINUTES - City Council Meeting September 28, 1965 PAGE ELEVEN Motion: Councilman Zinn moved that the City Attorney draw up the necessary legal documents to bring this repayment to its conclusion. Vice -Mayor Crass seconded. Unanimously approved. CORRESPONDENCE 1. Letter, dated September 28, 1965, re: William C. and Vera M. Casper, appealing the decision of the City Planning Commission on the denial of the application for a variance in the zoning of Lots 5 - 6, Block 5, Atascadero Beach, to allow Vera M. Casper to sell antiques from her residence. Mr. White advised that on a denial of a variance by the Planning Commission, when an appeal has been made a public hearing must be held and recommended October 26, 1965, be set for hearing the appeal of William C. and Vera M. Casper. Minute Order called for to set date of hearing. Motion: Councilman Payne moved that October 26, 1965, be set for the hearing of appeal of William C. and Vera M. Casper for a denial of a variance.Vice-Mayor Crass seconded. Unanimously approved. 2. Letter, dated September 24, 1965, re: League of Women Voters, in cooperation with San Luis Obispo Adult Evening School, inviting attendance to six weeks series of lectures and dis- cussions on City and County Planning. 3. Letter, dated September 25, 1965, Morro Bay Museum of Natural History Association, endorsing original plan of renaming many of Morro Bay's streets with Spanish names. 4. Notice of Conference in Washington D.C. on desalination of sea water. S. Letter, dated September 22, 1965, Resources Agency of California, re: Federal Land and Water Conservation Grants -In -Aid Program. 6. Letter, dated August 31, 1965, League of California Cities, re: Safety Contest sponsored by State Compensation Insurance and League of California Cities. 7. Letter, dated September 21, 1965, C. A. Maino, re: Establishment of Job Corps Center at Camp.San Luis Obispo. Copy is to be given to each Councilman. 8. Letter, dated September 23, 1965, State of California, re: Local Cigarette Tax income for cities and counties of California. 9. Letter, dated September 21, 1965, California Disaster Office, re: November Meeting, Del Webb TowneHouse, Market Street at Eighth, San Francisco, November 22-and 23. MINUTES - City Council Meeting September 28, 1965 PAGE TWELVE 10. Letter, dated September 27, 1965, Morro Union Elementary School District, re: Agreement with City to grant the roadway in front of Del Mar Elementary School to the City. Mr. White stated this has been discussed with the Department of Public Works and is felt to be a good idea. -%This matter will be checked into. Motion: Councilman Zinn moved the correspondence be received and ordered filed. Councilman Payne seconded. Unanimously approved. ADJOURNMENT Motion: Councilman Bowen moved the meeting be adjourned. Councilman Zinn seconded. Unanimously approved. Meeting was adjourned at 10:48 P.M. RECORDED BY: r �alll C. Ted White, City Clerk NOTICE OF SPECIAL MEETING There will be a special meeting of the City Council at 10:00 A. M., Tuesday, September 21, 1965 in the Supervisors Chambers of the Courthouse Annex, San Luis Obispo, California. AGENDA 1. Discussion of settlement of City vs. County lawsuits. '�j J. S. Su luh, Mayor City of rro Bay Dated: 9-17-65 SPECIAL MEETING Joint City and County Meeting September 21, 1965 - 10:00 AM Courthouse - San Luis Obispo Meeting was called to order at 10:12 AM by Chairman Fred Kimball, Board of Supervisors. PRESENT: Morro Bay City Council, all members County Board of Supervisors, all members City Attorneys Kardel and McIntire District Attorney J. Powell, Deputies Johnson and Hubbard C. T. White, W. Waggoner On consent of those present, Chairman of the Board, Fred Kimball t6 preside. He opened the discussion on the County's offer of settlement dated August 2, 1965, its subsequent withdrawal and its possible reinstatement. Mayor J. S. Surfluh commented on the City's position in regards to the County's offer and that the City has made available a settlement agreement it feels will be satisfactory to both parties. Discussion was held in depth regarding the County proposal for settlement. Each section was discussed at length. Adjourned for lunch at 12:10 PM. Reconvened at 1:10 PM. Discussion continued on sections of the County's proposal —agreement, — Sections 1 through 11. Chairman Kimball appointed Supervisors Borradori and Carpenter to meet with a committee of the City Council to review a proposed broad description of lands to be conveyed to the City, both granted tidelands and fee properties. Mayor Surfluh appointed Councilmen Zinn and Crass to serve on this Committee. Mayor Surfluh entertained a motion to adjourn this meeting until October S at 10:00 AM at this location. Councilman Zinn so moved, seconded by Councilman Crass, passed unanimously. Meeting adjourned by Chairman Kimball and Mayor Surfluh at 3:45 PM. RECORDED BY: C. Ted White, City Clerk A AID 0, CITY OF MORRO BAY AGENDA - City Council Meeting September 14, 1965 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of August 24, 1965. HEARINGS, APPEARANCES & REPORTS A-1. Appearance of Dick Lutz, Director of Office of Economic Opportunity. A-2. Report on bids received for additions to City Hall. A-3. Report from committee re: Monte Young claim. A-4. Report from Director of Public Works re: parking restrictions.. UNFINISHED BUSINESS B-1. Ordinance No. 28, AN ORDINANCE OF THE CITY OF MORRO BAY PROVIDING FOR THE GRANTING OF A FRANCHISE FOR A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF MORRO BAY AND PROVIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION SYSTEM AND FEES THEREFOR. (Second and final reading) B-2. Business License Application of George Schuetz. B-3. Resolution Approving Agreement With Morro Bay Chamber of Commerce. B-4. Coast Guard Lease. NEW BUSINESS C-1. Resolution Approving Agreement With City Attorney. C-2. Application for permit to operate taxi service. C-3. Resolution Approving Group Health and Life Insurance Program. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT CALENDAR 1. Council Meetings: September 28 and October 12, 1965. 2. Planning Commission Meetings: September 21 and October 5, 1965. MINUTES - City Council Meeting September 14, 1965 Morro Bay Recreation Hall The City Council meeting was called to order at 7:39 PM in the Morro Bay Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh Absent: None MINUTES Motion: Councilman Zinn moved that the reading of the minutes of the regular meeting of August 24 be dispensed with. Councilman Payne seconded. Unanimously approved. Motion: Councilman Zinn moved that the minutes of the regular meeting of August 24, 1965, be approved as written. Councilman Bowen seconded. Unanimously approved. HEARINGS, APPEARANCES AND REPORTS A-1. Appearance of Dick Lutz, Director of Office of Economic Opportunity. Mr. Dick Lutz, representative for the City of Morro Bay on the Economic Opportunity Committee addressed the Council. He stated that he has been appointed its Coordinator; therefore, it was necessary for him to resign as Morro Bay's representative to the Committee. Mr. Lutz suggested that Mr. Benny McClain, a member of the Committee, who is a resident of Morro Bay, be appointed as the City's representative along with Councilman Payne. Mr. Lutz presented the matter of the possibility of a Job Corps Center being established at Camp San Luis Obispo. He informed the Council that the Job Corps Centers were authorized by the Economic Opportunity Act of 1964 and are part of the Government's program to attack, poverty in this Country. This Center would involve between 1000 and 2000 young men from all parts of the nation in need of training before becoming employable. These would be underpriviledged men between the ages of 16 and 21. Vocational training and basic courses in practical areas will be offered. Length of training will vary with the individual, but will average about one year. There will be financial benefits to the community. The staffing ratio will be twenty-one administrative and professional personnel for each one hundred Corpsmen. When a Corpsman has completed his training he will be returned to his community and efforts will be made to place him in employment there. Mr. Lutz was asked by Mr. Kimball, Chairman of the Board of Supervisors and of the Economic Opportunity Committee to bring these facts before the Council and community. Mr. Lutz stated that Mr. Kimball had indicated to him that the County Board of Supervisors is not going to take a stand until they hear from the Morro Bay City Council and the San Luis Obispo City Council. Mayor Surfluh asked about the time involved in this matter. Mr. Lutz said there was no hurry but would like action taken at the next Council meeting. Mayor Surfluh deferred Council taking action until the next regular Council meeting to be held September 28, 1965. The Council discussed the matter of Mr. Benny McClain being placed on the Economic Opportunity Committee to replace Mr. Lutz. MINUTES - City Council Meeting September 14, 1965 PAGE TWO Motion: Councilman Payne moved that Benny McClain be appointed to replace Mr. Lutz on the Economic Opportunity Committee. Councilman Zinn seconded. Unanimously approved. A-2. Report on Bids Received for Additions to City Hall. Mr. White reported to the Council that on the 20th of August the bid openings for additions to the Administration Building were held. There was not suffi- cient time to compile the bids for presentation at the August 24th Council meetings due to discrepancies in several of the bids. Mr. White read a letter from the San Luis Obispo County Building Contractors Association stating that three bidders did not state the number of days to completion and the Association recommended that their bids be disqualified. Also the low bidder, Ru-Ran Construction Company did not list the subcontractors and this violates the Subletting and Subcontracting Fair Practices Act unless the Contractor is prepared to do the entire job with his own forces. Mr. White had asked the City Attorneys to confirm the requirements of the law in regards to bids, bidding by the specifications and the requirements of the Government Code. It is true that if the contractor does not intend to do the entire job himself a list of subcontractors must accompany the bid. If the contractor does not list subcontractors he can only use a subcontractor in an emergency. This is so stated in the specifications. The Ru-Ran Construction Comapny did intend to have subcontractors as evidenced by their follow-up letter dated August 26 whereby they listed the subcontractors. Mr. Thomas, the Architect, and Mr. White, City Administrator, both recommended that the second low bidder, Roger Brown Construction Company, be awarded the contract. He, as did two other bidders, failed to list the number of days till completion, however this requirement can be waived by the Council. Each Councilman had a copy of the tabulation of the bids. A copy of this tabulation is attached to these minutes. The bidders were: 1. Roger Brown Construction Company, San Luis Obispo, 2. Ru-Ran Construction Company, Stanton, 3. Wally La Freniere Construction Company, San Luis Obispo, 4. J. O. Miller, General Contractor, Nipomo, 5. Mills Construction Company, Morro Bay, and 6. Volny Construction Company, San Luis Obispo. The low bid that met specifications was that of Roger Brown Construction Company at $46,667.00. The number of days to completion, as indicated in a follow-up letter, are 150. Councilman Bowen brought up the fact that he was in favor of a local contractor, Mills Construction Company, because his workers would most likely be local men and would be spending their money in Morro Bay. Motion: Councilman Crass moved that the bid of Roger Brown Construction Company, being the lowest qualified bid, be accepted to do the work of additions to the City Hall, and that Mr. White be authorized to do the necessary business transacting. Seconded by Councilman Payne. Councilman Bowen opposed the motion. Motion carried. Mr. Thomas, the Architect, inquired if this approval included the four alternate bids. Mr. White read the alternate bids and it was confirmed by the Council that they were to be included. A-2 (a) Resolution No. 112-65, RESOLUTION AWARDING CONTRACT FOR ADDITIONS TO CITY ADMINISTRATION BUILDING Mr. White read Resolution No. 112-65 in its entirety. MINUTES - City Council Meeting September 14, 1965 PAGE THREE Motion: Councilman Payne moved to adopt Resolution No. 112-65 seconded. Roll call vote: AYES: Councilmen Crass, Payne, Zinn and Mayor Surfluh NOES: Councilman Bowen Motion carried. A-3. Report From Committee Re: Monte Young Claim. Mayor Surfluh Councilman Zinn gave a report compiled by Councilman Bowen and himself on the interview they had with Mr. and Mrs. Monte Young. A copy of this report is attached to these minutes. City Attorney, Peter Kardel, gave the following possible courses of action that the City Council might take: 1. The safest course of action to choose would be that of inaction, to deny claim and leave it to Mr. Young to follow suit if he chooses and if a court determines he has the monies coming, pay in accordance with that order. 2. Attorneys believe that it is ill advised to pay full amount of claim because basis for payment is settlement of a disputed claim and this would be a way of compromising it. 3. Reasonable course of action would be to pay portion of claim. Attorneys felt reasonable amount would be not to exceed $16,000. Mr. McIntire stated that it might be well to clarify, for the record and in the minutes tonight, from an officer of the Greater Morro Bay Harbor Improvement Association, whet her their donation of $7000 plus was a gift and whether any repayment is now or ever will be expected, demanded or claimed from the City of Morro Bay. Colonel Andrew Daly, representing the Association, stated, "Mr. Mayor, I believe I've made that evident at every meeting we've been at. M do not expect any repayment for that $8000 or $7000 that we could raise at the time you dredged the harbor. The only money in contingency here is Monte Young's $22,000. There is no repayment for the other $8000." Motion: Councilman Bowen moved that Mr. Monte Young be repaid by the City of Morro Bay, for dredging, the sum of $1400 a month until such time $22,000 has been repaid. Councilman Zinn seconded. Roll call vote: AYES: Councilmen Bowen and Zinn NOES: Councilmen Crass, Payne and Mayor Surfluh Motion failed to carry. Motion: Councilman Payne moved that Mr. Young be paid a portion, the outright sum of $15,000 in full settlement of claim. Motion died for lack of a second. Motion: Councilman Zinn moved that the claim be honored in full in increments from six to twelve months in equal payments. Councilman Bowen seconded. Roll call vote: AYES: Councilmen Bowen, Crass, and Zinn NOES: Councilmen Payne and Mayor Surfluh Motion carried. MINUTES - City Council Meeting September 14, 1965 PAGE FOUR Colonel Daly thanked the Mayor on behalf of the Council for carrying through on this and stated that if the City ever needed any more harbor dredging funds to call on them. A-4. Report From Director of Public Works Re: Parking Restrictions Mr. White reviewed for the Council a request from Mr. LeRoy Boettcher for some action on the part of the City Council in restricting parking in the vicinity of City Hardware and Park View Cleaners. This matter was referred to the Director of Public Works, City Engineer and Chief of Police for their study and review. Mr. Spellacy, Director of Public Works, met with some of the people who had complained about the parking between Piney Way and Bernardo, adjacent to the Justice Court. During the time Court is in session the parking area on the south side of 5th Street, in front of business establishments, is taken up by those in Court. The plan which is recommended would be that at each end of the block there will be 20 minute parking zone, and the balance of this block on the south side of 5th Street in front of these shops would be set for one hour parking. The Justice Court would then not take all of the parking spaces. On the north side of the street it is recommended that there be no time limit, so that people may park there for the Park playground or the Justice Court. It has also been recommended that signs be put in the middle of the block stating that there is Justice Court parking in the rear of the building - they do have a large parking lot there which many people do not know about. In addition to this, this being a block 460 feet in length, which is 160 feet longer than the normal block, it is recommended that an additional crosswalk be put in the center of that block. This will give an additional crosswalk for pedestrians to get back and forth across the street. By following this plan we would only lose one parking place on 5th Street. Councilman Payne questioned if this area was the only one under study or was all of 5th Street. Mr. Spellacy stated that a study of this area was the only one completed, however, there is a study going on now for the whole City. Mr. Spellacy requested that the Council consider the matter of a four way stop at the intersection of 8th and Main Streets. There was a discussion as to whether this was to be a lighted signal at each corner or a four way post stop. Motion: Councilman Payne moved that the Council accept the proposal for the cross walk and parking on 5th Street. Councilman Zinn seconded. Motion carried. Mr. White stated that it would be necessary for the Council to pass a resolution in regards to the four way stop at the intersection of 8th and Main Streets. Motion: Councilman Payne moved that the Department of Public Works be authorized to install four way stop signs at the intersection of 8th and Main Streets, and that a resolution be prepared for same. Councilman Zinn seconded. Carried unanimously. Mr. Hugh Graham inquired about the possibility of something being done to help alleviate the traffic at the intersection of 6th and Main Streets. Mr. Spellacy stated that this was under study on the over all master plan. UNFINISHED BUSINESS B-1. Ordinance No. 28, AN ORDINANCE OF THE CITY OF MORRO BAY PROVIDING FOR THE GRANTING OF A FRANCHISE FOR A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF MORRO BAY AND PROVIDING TERMS AND CONDITIONS FOR TIM OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION SYSTEM AND FEES THEREFOR (Second and final reading) MINUTES - City Council Meeting September 14, 1965 PAGE FIVE Motion: Councilman Payne moved that Ordinance No. 28 be read by title only. Seconded by Mayor Surfluh. Roll call vote: unanimously approved. Mr. White read Ordinance No. 28 by title only. Motion: Councilman Payne moved that Ordinance No. 28 be adopted. Councilman Bowen seconded. Mr. Jensen was recognized from the floor. He asked that the Ordinance be read in full, at least once. Mayor Surfluh stated that the entire Ordinance No. 28 had been read once and that the two revised items were read at the last Council meeting. Roll call vote: unanimously approved. Mr. Art Hapgood, on behalf of his company, expressed his appreciation for the Council's assistance and patience during the past few months. He also expressed thanks to the City Attorneys. B-2. Business License Application of George Schuetz. At the last regular Council meeting Mr. George Schuetz appeared regarding an application to solicit business in the City of Morro Bay. At that time the matter was referred to the City Attorney and the City Administrator for their study and report back to the City Council. Mr. White read letter from City Attorney's Office regarding their oppinion on the business license application of George Schuetz. The Attorneys state that a license could be issued to Mr. Schuetz under Section 6205 of the Municipal Code, relating to unclassified business, no fixed place of business or under Section 6202, relating to retail delivery by vehicle, if Mr. Schuetz merely delivers produce to customers who, on their own initiative, have contacted him, or to customers who contact him in response to newspaper or radio adver- tisements. The Attorneys believe Section 6205 more nearly covers this circum- stance. Councilman Payne asked what Section 6205 requires in regards to fee. It requires a fee of $25.00, non resident business within the City. Mr. White informed the Council that he would notify Mr. Schuetz of the findings of the City Attorney. B-3. Resolution No. 113-65, RESOLUTION APPROVING AGREEMENT WITH MORRO BAY CHAMBER OF COMMERCE All Council members have received copies of the agreement between the City of Morro Bay and the Chamber of Commerce. A resolution has been prepared to adopt the agreement. Mr. White read the Agreement in its entirety. Motion: Mayor Surfluh moved that Resolution No. 113-65, approving the agreement, be adopted. Councilman Bowen seconded. Roll call vote: carried unanimously. Mr. Donohoo, President of the Chamber of Commerce, stated that the Chamber will be opening a booth at the Los Angeles County Fair this Friday, September 24, and they are at the present time without funds. An itemized claim is needed from the Chamber of Commerce before the Council can approve to give them any money. The Chamber will need the money this coming Friday which is previous to any regular Council meeting, therefore,if the money is to be paid immediately an itemized list of expenses must be presented at this Council meeting for approval. Councilman Payne suggested that a list be drawn up and presented at the conclusion of the Council's business session. Mayor Surfluh deferred the matter of the Chamber of Commerce presenting an itemized claim until later on this meeting. MINUTES - City Council Meeting September 14, 1965 PAGE SIX B-4. Coast Guard Lease. Each Councilman had a copy of a letter addressed to Mr. White from the Attorney's Office regarding a letter received from Admiral Knapp, Commander of the Twelfth Coast Guard District, transmitting a copy of a letter which he sent to the Board of Supervisors regarding the Coast Guard leases in Morro Bay Harbor. The litigation involving the harbor area has placed a question in the mind of the Coast Guard as to who they should legally pay their lease to and they ask that the City follow a course of action similar to what they have requested from the Board of Supervisors in that the Coast Guard use and occupy the property formerly affected by the Coast Guard leases and that they be continued on the terms of those of the expired lease on a month to month basis pending resolution of the status of the property and that payment of accruing rents be held in abeyance and later made to the County and/or the City accord- ing to the respective rights as resolved. The Attorneys recommend that this course of action be followed. Mr. McIntire said a minute order would be sufficient. At the present the Coast Guard is a hold over tenant as they have no written lease and are holding over on the same terms and conditions which they had in the past with the County. Motion: Mayor Surfluh moved that the Council adopt the proposal made by the Coast Guard as indicated in items one and two of their letter of August 5, 1965. Councilman Zinn seconded. Carried unanimously. B-5. Proclamation Commemorating the Signing of the Constitution of the United States of America. At the last Council meeting Mayor Surfluh directed that a proclamation commemorating the signing of the Constitution of the United States of America and setting forth the week of September 12-19 as Constitution Observance Week be prepared. Request for this proclamation was made from the Estero Lodge. Mr. White read the proclamation in full. Mayor Surfluh indicated that he will sign the proclamation. NEW BUSINESS C-1. Resolution No. 114-65, RESOLUTION APPROVING AGREEMENT WITH CITY ATTORNEY All Councilmen had a copy of a letter agreement with the Attorneys setting forth the terms and conditions, -of the consulting services of the City Attorney for this fiscal year. Motion: Councilman Zinn moved that Resolution No. 114-65 be adopted. Seconded by Mayor Surfluh. Roll call vote: unanimously approved. C-2. Application for Permit to Operate Taxi Service. Mr. White informed the Council that they were in receipt of a letter of application for a permit to operate a taxi service within the City of Morro Bay. Letter was signed by Frederick C. Witt, Chairman, Morro Bay Taxi Company. Ordinance No. 5 of the City provides for the licensing and operation of taxi cabs. In this ordinance it requires an application be submitted for a Certifi- cate of Public Convenience. The application requires that several items of information be supplied to the City prior to the advertisement or setting the date of a hearing. Mr. White stated that the application has complied with all provisions of Ordinance No. 5 and it would be in order to pass a resolution accepting the application for a Certificate of Public Convenience to operate a taxi cab and setting a date for public hearing. MINUTES - City Council Meeting Executive Session September 14, 1965 4:30 P.M. Morro Bay Recreation Hall Meeting was called by Mayor Surfluh to consider current liti- gation involving the City over the Atascadero Beach State Park. ROLL CALL: Present: Councilmen Bowen, Crass, Payne, Zinn $ Mayor Surfluh Absent: None Others Present: City Attorneys, City Administrator, C. Ted White; Robert Johns and Jack Youngs. Peter Kardel F, Michael McIntire; Citizens Committee members, A review was made of the Citizens Committee report regarding their findings as to the best points of access for the Atascadero State Beach Park. Lengthy discussion was held by all those present regarding a procedure to follow in resolving said access problems. City Attorney recommended that a Bi-lateral Agreement be offered' to the State whereby the City would agree to either one of two points of access, Indigo or Yerba Buena. Discussion held regarding this recommendation. MOTION: Councilman Zinn moved that we offer the State a Bi- lateral Agreement setting forth the terms by which this matter could be resolved. Councilman Payne seconded. Passed unanimously. Meeting adjourned at 7:25 P.M. 0�V ) z�. - TED WHITE, city C errK 0 MINUTES - City Council Meeting September 14, 1965 PAGE SEVEN C-2 (a) Resolution 'No. 115-65, RESOLUTION ACCEPTING APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE TO OPERATE A TAXICAB AND SETTING A DATE FOR PUBLIC HEARING. Mr. White read Resolution No. 115-65 in its entirety. Motion: Councilman Payne moved that Resolution No. 115-65 be adopted. Councilman Bowen seconded. Roll call vote: Councilman Crass abstained from voting due to his interests in the taxi service. Motion carried. The hearing was set for the next regular Council meeting, September 28. Copies of the application and resolution have been made available to the press. C-3. Resolution No. 116-65. RESOLUTION APPROVING GROUP LIFE, HOSPITAL AND MEDICAL INSURANCE PROGRAM Mr. White stated that the City's insurance carrier for Group Life, Hospital and Medical Insurance has informed the City that as of October 1 the rate schedule will be adjusted upward after one year's operation. In view of this fact we have this company's proposal and those of two other companies. On Monday, September 13 an employees meeting was held and the three programs were placed before the employees to determine which program they would prefer for the coming year. Proposals were made by Intercoast Life Insurance Company, current carriers, Colonal Life Insurance and Blue Cross, who presented two programs. The employees voted for Blue Cross Program #2 with Major Medical provisions. A resolution is necessary to authorize Mayor to sign the applica- tions for the insurance. Mr. White read Resolution No. 116-65 in its entirety. Motion: Mayor Surfluh moved that Resolution No. 116-65 be adopted. Seconded by Councilman Bowen. Roll call vote: unanimously approved. C-4. Improvement District No. 1. Mr. White stated that he had received a telephone call from the law offices of Sturgis, Den-Dulk, Douglass and Anderson, the special bond counsel for Improvement District No. 1. A resolution that is required to be passed was mistakenly not mailed. Said resolution was received today and pertains to unpaid assessments. There is an outstanding assessment in Improvement District No 1 in the amount of $6248.08. Their firm stated they would find a buyer for the bonds for the unpaid assessment. They have found such a buyer, Mr. A. M. Palmer, who will pay par, to wit, $6248.08 flat for the above bond. C-4 (a) Resolution No. 117-65, RESOLUTION AUTHORIZING SALE1OF BONDS Mr. White read Resolution No. 117-65 in its entirety. Motion: Councilman Zinn moved Resolution No. 117-65 be adopted. Councilman Bowen seconded. Roll call vote: unanimously approved. Interest was set at 67o per annum, and the Bond was dated October 15, 1965. C-5. Pedestrian Traffic. This item was discussed at the Planning Commission study session. There is no reasonable route to walk or ride bicycles to and from the high school with any degree of safety. The Planning commission has made a request that the City authorize a feasibility study be made on a lighted walkway, approximately MINUTES - City Council Meeting September 14, 1965 PAGE EIGHT 15 feet wide, on the west side of the freeway extending from the high school to 9th Street in Morro Bay and also that a study be made of the east side of the frontage road to determine the problems and cost of a walkway to be developed from the northerly portion of the City to the existing commercial walkways. They also further requested that a. the City take immediate action to post portable reflective school zone signs at hazaradous crossings, b. paint a double line on the frontage road to make passing in the hazaradous areas illegal, C. to paint a shoulder line on the east side of the frontage road as further protection to pedestrians at night, d. request that the Division of Highways place a caution flasher at the Indigo crossing, e. clear any debree, weeds or private encroachments on the City portion of the east side of the frontage road and f. continue the lighting program that has already been of so much value into the hazaradous area. Basically the Planning Commission would like the Council to direct the City Engineer and Director of Public Works to initiate the feasibility studies. Motion: Councilman Zinn moved that the Department of Public Works staff be directed to initiate a feasibility study on this area. Councilman Crass seconded. Carried unanimously. B-3. Continued - Chamber of Commerce Agreement. Mr. Kardel stated that since paragraph 3 A of the Agreement requires that the services be rendered, past tense, it puts the Chamber in an impossible position. He suggested the Council consider an oral resolution approving the agreement for services "rendered or to be rendered" within the current fiscal year. Once such a resolution is approved then an itemized claim can be submitted. B-3 (a) Resolution No. 118-65, RESOLUTION AMENDING RESOLUTION NO. 113-65, RESOLUTION APPROVING AGREEMMNT WITH MORRO BAY CHAMBER OF COMMERCE Motion: Mayor Surfluh moved that Resolution No. 118-65 be adopted. Seconded by Councilman Bowen. Roll call vote: carried unanimously. Mr. Kardel read itemized list of monies needed for the Chamber of Commerce to participate in the Fair at Los Angeles. The list totaled $5140.00. Motion: Councilman Bowen moved that the sum of $5140.00, needed by the Chamber of Commerce, be granted to them as per the Agreement, as amended and adopted. Councilman Zinn seconded. Carried unanimously. TIME RESERVED FOR INDIVIDUAL ACTION Mr. McIntire stated that in accordance with the executive session held this afternoon, with respect to Atascadero Beach, it would be appropriate at this time for the Council to take three courses of action. The Attorneys suggested the following: 1. Amend Exhibit A to Resolution No. 73-65. 2. Authorize us to draft an ordinance codifying Resolution No, 73-65 as amended and making it a part of the Municipal Code, for presentation at the next Council meeting. 3. Authorize, by minute order, the Director of Public Works to put up signs indicating these restrictions, which are not effective until sign is posted notifying people that restrictions are in effect. Resolution No. 119-65, RESOLUTION AMENDING RESOLUTION NO. 73-65 MINUTES - City Council Meeting September 14, 1965 PAGE NINE Motion: Councilman Crass moved that Resolution No. 119-65 be adopted. Mayor Surfluh seconded. Roll call vote: carried unanimously. Motion: Mayor Surfluh moved that the Council direct the City Attorneys to draft an ordinance codifying Resolution No. 73-65 as amended, making it a part of the City Code. Councilman Zinn seconded. Carried unanimously. Motion: Mayor Surfluh moved that the Director of Public Works be authorized to install the signs as required. Councilman Payne seconded. Carried unanimously. 1. Letter from a group of citizens in the form of a petition, dated August 27, 1965, was received. These citizens would like to see, as opportunities arise, the clearing up of vacanct lots, such as abandant vehicles, etc., the building inspector check all future buildings to see that the plans call for buildings that tend to upgrade the area, have City pave one or two streets in the east Atascadero Beach Track beginning with East Island to Panorama Drive as shown on the enclosed map and run a maintainer over the Panarama Drive. At the present time there are no signs to show its location or is there any indication by grading or marking. This means that traffic is thicker on the dead end streets and people drive cars through vacant lots regardless of signs and barricades. This petition is signed by approximately 40 residents. 2. Letter from Hann, Wise and Associates, Planning Consultants re: 701 application. They stated that the application is being submitted to the Government Agency without the State Committee's action. They lacked a quorum on August 26th. The Committee will confirm on the 24th of September. 3. Letter from Division of Highways re: National Highway Week. 4. Letter from City of E1 Paso De Robles from Mr. Dale Eisenberg, Director of Economic Services, whereby he is establishing an Economic Development Program for the City of Paso Robles and requesting certain information from cities within the County. 5. Letter from the Scenic Coast Board of Realtors, addressed to the Mayor, inviting Mayor and Council to attend an open meeting of the Scenic Coast Board of Realtors to be held at the Golden Tee on MondaK September 20. Speaker for the evening will be Mr. George Rily, Vice Chairman of the State Board of Equalization. 6. Notice from San Luis Obispo County Flood Control and Water Conservation District to all members of Water Resourses Advisory Committee notifying that the next meeting of the Advisory Committee has been postponed until October 5, 1965, due to the Lopez Reservoir Project Bond Election pending on September 28. They also sent a copy of the minutes of their last regular meeting held on July 14, 1965. Motion: Mayor Surfluh moved that the letters be received and filed. Councilman Zinn seconded. Carried unanimously. Motion: Councilman Zinn moved that the meeting be adjourned to executive session. Seconded by Councilman Crass. Carried unanimously. Meeting adjourned at 10:08 PM. RECORDED BY: r kj""- C. Ted White, City Clerk To: City Council From: C. Zinn and P. Bowen Subject: Monte Young Claim Dated: 9-14-65 Upon the direction of our Mayor, Mr. Bowen and I met with Mr. and Mrs. Monte Young on Monday, August 30th to attempt to determine, if we could, the true intent of the transaction between the City of Morro Bay and Mr. Young. We can all well remember the serious consideration the City Council gave to this matter. Our legal counsel advised us of some of the danger areas to avoid due to other legal complications at that time. Suffice it to say, the Army Corp of Engineers could not deal with an individual but rather needed a governmental entity to step in and complete the transaction and assume full responsibility for the project. In spite of many pitfalls and possible legal entanglements your City Council, as you know, did assume full responsibility. Our newly formed City was without funds, and was unable to finance the removal of the sand shoal adjacent to the proposed channel extension. Mr. Young felt so disposed, at that time, to step into the picture and let the City of Morro Bay use his money to finance the project. This channel extension of 2100 feet was completed due to Mr. Young's civic mindedness and generosity. Mr. Bowen and I do not believe anyone will question the atmosphere or tension that prevailed at that time. Nor could anyone who is aware of the facts, not fully realize the stress placed upon this City Council during those formative days. I seriously doubt if there has ever been a newly incorporated city with as many complicated, varied and indeed unique problems to solve, in such a short span of time, as has faced the City of Morro Bay. The real issue here before us tonight is, did Mr. Monte Young make a loan to the City of Morro Bay in the amount of $22,OOO,or did he give this money to the City with no expectation of ever receiving it back. It is a fact of record and easily proved, that the City Council stated again and again, this money was to be received by the City as a gift, and a gift only with absolutely no strings attached. There were several positive reasons why the City Council adopted this position. Not the least of whi.r_h is the "State of California Government Code" and it is quite explicit in its provisions governing City Councils. Mr. Bowen and I agree, there ought not to be any question in anyone's mind concerning the nature or the manner in which this money was received by the City of Morro Bay. Resolution No. 32-64 identified and accepted this money as a gift from Mr. Young.. Likewise, Resolution No. 33-64 accepted $7000.00 as a gift from the Greater Morro Bay Harbor Development Association. The record clearly shows and the facts clearly indicate the manner in which these monies were received by the City Council. Mr. Bowen and I next set about to examine the manner and nature in which these monies were given. In the case of Mr. Young there is a considerable amount of difference between his situation and that of the Greater Morro Bay Harbor Development Association. During our visit to their home, Mr. and Mrs. Young spoke at considerable length with Mr. Bowen and I. They freely and willingly went into detail and were most gracious in explaining all the circumstances surrounding the events which led up to Mr. Youngt blank check being turned over to the City for the dredging project. It was indeed unfortunate that Mr. Young's health did not permit him to attend several of the City Council meetings during the time his blank check to the City was being discussed. This alone could have established a direct communication with Mr. Young and would have prevented any misunderstanding on the part of the City to receive and on the part of Mr. Young to give his blank check. During our conversation it became increasingly evident that Mr. Young had a different concept concerning his blank check to the City than did the City Council. It became apparent to Mr. Bowen and I that Mr. Young did not have it clearly explained to him at the time, that the City C ouncil was taking a no strings attached approach to any gifts given to the City of Morro Bay for the dredging project. Although Mr. Young did not say so, I had the distinct feeling after our conversation was over, that had Mr. Young been properly advised of the City Councils position, he might have taken a second look before giving away $22,000. When the need for $30,000 first became apparent, Mr. Young was first in line with his check for $300.00 to kick off the fund raising campaign. His was the initial step toward a $7000 total raised by many interested citizens in the Greater Morro Bay area. Later $1000 was donated by Green West Acres Corporation which raised the figure to a total of $8000. There is no question concerning this first check of Mr. Young.. It was then and is now an out right donation. It is mentioned by this committee at this time, so our report will show for the record that two checks are involved in this issue. The nature of the first check is unchanged. The nature of the second check in the amount of $22,000 is unchanged in Mr. Young's opinion, except for the fact that repayment is being sought in the form of a claim against the City of Morro Bay. Mr. Young stated repeatedly - when he signed his name to the so called blank check, he never dreamed he would find it necessary to seek repayment so soon. He frequently stated to us, that he knew the City was without funds, and wasn't greatly concerned at the time about repay- ment because he knew the City would be in a better position to pay him back in four or five years, or at such time when the City treasurey could better afford to effect a refund. Mr. Bowen and I contacted personal friends of Mr. Young and received substantially the same information from them as to Mr. Young's feelings about repayment. Mr. Young gave this committee his personal approval to contact his banker, and to fully discuss in detail with him, in confidence, any subject matter which would assist the Morro Bay City Council in reaching a fair and equitable determination, concerning the claim filed against the City. -2 - It appears to Mr. Bowen and myself that there remains little doubt, that Mr. Young has always harbored the sincere feeling, that the City of Morro Bay would someday find a way to repay him without any additional cost to the taxpayers. He does deeply regret however the necessity of having to file a claim against the City at this time, and sincerely hopes a method of repayment can be satisfactorily worked out whereby it will not only alleviate his own personal situation but will also avoid any necessity for a sudden drain on the City's resources. Prior to a claim being filed against the City, there was no possible way for the City Council to authorize the finance director to pay out of City funds, any amount of money, be it large or small, to any person for any reason. It is now necessary to determine if the claim filed against the City of Morro Bay is to be accepted or rejected. All the facts must be carefully weighed so as to rightly determine the course to be taken by this City Council. Before reaching a final decision the City Council should determine for itself the following questions: 1. Would the dredging of a harbor channel be a normal governmental function, the same as sanitation, drainage, street repairing, etc.? 2. Is it as much a concern of the City government to insure safe channels for boat traffic, as it is to insure safe streets for motor vehicle traffic? 3. Had there been sufficient money in the City treasury at the time, would the City have undertaken this project on its own? 4. Does the City, by accepting a gift from a citizen, have a . moral obligation to repay the gift when it has sufficient funds to, do so, without endangering the normal ecomomy of the City, especially when it appears there is sufficient reason to believe, the citizen offering the gift steadfastly believed the gift would be returned? 5. Where there are two checks involved would it seem reasonable to assume that each was given under a different set of circumstances? In conclusion, Mr. Mayor and fellow councilmen: It is the considered opinion of this committee, based on informa- tion gained from personal interviews with Mr. Young and others, that we do hereby recommend to this Council that the claim of Mr. Monte Young be honored in full. We would further recommend that repayment be made in increments over a six to twelve month period, which would avoid a sudden unbalance in the City treasury, and would at the same time be in keeping with the wishes of Mr. Monte Young. -3- Hcwt O r+ O �JG O Ww' • p. d crco 'mow 0 F i m m p r �+ C r K m O W m w µwo'. z0 ...0 OK . o O,... m 9 O 0 : o CDc9' cmr (n 0 - O w m '. O ct a o i 4j a. H y °� e m ct o o Y f]. o ca v o µ o 'O ct ' �..-• I O 1 'm IA P p' : 1 0. ci- - Y a m `° W ry N w 1 1 Y. • � ''' ti m � 1 � 1 00 Gps 1 _ p N Know 1 9 '.' o r O w' �.. o z 1 a� z.LH'C 11 'Z:�o - W cn. •H- r txj 0 o A . o �y Z O 0 .. .. O. H. 0 0 0 0 col Vt b tl V b V c 0 o 0 .o 0 O 0 w O O O O 0 0. V O .o -, r o o O .o O O O O O' zm���M -' 1• N W ' w \O Co O CD w O O� O O O 0 0 0 0 0 O O O O! O •.ti,. iii �Y � � : +� � 4A W W N O O N 1�+ e 0 e o 0 0 0 o, o .o 1 1 1 fig 4* VIA # Ov°ii vNi O i o 1 0 0. 0 0 0 t o 1 . .O o 0 0 0 1 r CD co CD 1 1 :AA ..t' O O� O O C, 0 to •. •� t.: .: a a a a a a. I. 0a H Ho > y 0 OTJ t 3 H -. a H , 0 �� o y3 0 y z z i.0 d ...:'.....: a H to 9 H tij H i HO O y - i . a d � i d 0 t7 t4 O • LTII N �7 • z t7 H d OH ' txj w ^J • z ;. a dt4i to �� r7 o tt- • tzj dm (D b Hm m m U C7 00 tj ttJ yO m k r M G c a O p~ H V� T/� Y VI-13 o.o vz rN o rp • , CC 00 N ' xJ 00 =w 00 ,I . CITY OF MORRO BAY AGENDA - City Council Meeting August 24, 1965 - 7:30 PM Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of August 10, 1965. 2. Special meeting of August 16, 1965. 3. Special meeting of August 20, 1965. HEARINGS, APPEARANCES $ REPORTS A-1. Report on Improvement District No. 1. A-2. Appearance of George Schuetz re: Request to sell farm produce. A-3. Appearance of LeRoy Boettcher re: Parking problems. A-4. Financial Report. UNFINISHED BUSINESS B-1. AN ORDINANCE OF THE CITY OF MORRO BAY PROVIDING FOR THE GRANTING OF A FRANCHISE FOR A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF MORRO BAY AND PROVIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH CObMiUNITY ANTENNA TELEVISION SYSTEM AND FEES THEREFOR. (First reading) B-2. Resolution Awarding Contract for Construction of Street Improvements on 8th Street, City of Morro Bay, Select System Project No. 4. B-3. Letter from Congressman Burt Talcott re: Morro Rock. B-4. Resolution Regarding Street Names and Numbers. NEW BUSINESS C-1. Request of R. Kitzman for abandonment of Spencer Drive and a portion of Norwich Ave. C-2. Request for proclamation re: Constitutional Observance Week. C-3. Petition of property owners protesting the moving of a house to Fresno St. C-4. Claim from the Friends of Monte Young Committee on behalf of Monte Young. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT CALENDAR 1. Council Meetings: September 14 and 28, 1965. 2. Planning Commission Meetings: September 7 and 21, 1965. u �J MINUTES - City Council Meeting August 24, 1965 Morro Bay Recreation Hall The City Council meeting was called to order at 7:35 P.M. in the Morro Bay Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne, 'Zinn and Mayor Surfluh Absent: None MINUTES Motion: Councilman Zinn moved the reading of the minutes of the regular meeting of August 10, and special meetings of August 16 and 20, 1965, be dispensed with. Councilman Payne seconded. Unanimously approved. Mayor Surfluh asked if there were any omissions, deletions or corrections to the minutes of August 10, 1965. There were none. Mayor Surfluh then stated the 'motions for adjournment' in the minutes of August 16th and 20th, should be reworded. He then entertained a motion for the correction of the minutes of August 16th and 20th, and for the approval of the minutes of August 10, 1965. Motion: Councilman Zinn moved that the minutes of the regular meeting of August 10, 1965, be approved as written, and the minutes of special meetings of August 16 and 20, 1965, be approved as corrected. Councilman Bowen seconded. Unanimously approved. HEARINGS, APPEARANCES AND REPORTS A-1 Report on Improvement District No. 1. Mr. White stated several calls have been received regarding Improve- ment District No. 1, and that a progress report might be in order as many people are concerned over the removal of the eucalyptus trees on South Street. He advised that every effort was made to retain the trees in their present condition and location, but with the grading and street improvements required, the trees could not be left. The City either had to abandon the Improvement proje'6t or save the trees and it was felt this would be unfair to those individ- uals who own property in the Improvement District. He emphasized the trees will be replaced with ones of a suitable type, size and age that will, within a'year or so, blend in with the park. Council- man Crass stated he felt every effort should be made to retain the trees wherever possible, even though they do present a problem trees are more important than houses and powerpoles. The beauty of the City and the age and size of the trees should be given consideration. It was pointed out that if the trees are removed now it will save the City considerable expense in the next few years. Some of the trees were so old and tall they became dangerous as branches would fall, thus constituting a serious hazard. The school has a tree planting program whereby they have planted trees inside their property as eventually the big eucalyptus trees on the property line will have to go. The City has entered into a tree planting program and have planted over 100 pine trees which are doing very well and have almost doubled in size. MINUTES -City Council Meeting August 24, 1965 PAGE TWO A-2 Appearance of George Schuetz re: Request to sell farm produce. Mr. George Schuetz appeared before the Council requesting permission to sell farm produce from door to door without a business license. He stated he is a farmer, However, he does not produce all he sells, but leases or rents property and sells the produce. Mr. Schuetz upon request, cited several cities where he is allowed to deliver and sell produce in this manner and is not required to have a license. Since he does not comply with City regulations by not having a permanent or fixed place of business, he was advised the matter would be referred to the City Administrator who will act upon the request in accordance with Business License Ordinance No. 10. Motion: Councilman Crass moved the matter be referred to the City Administrator and City Attorney to be acted upon in accordance with the Business License Ordinance. Council- man Payne seconded. Unanimously approved. Mr. Schuetz again queried if he might operate, temporarily until the issue was settled and was advised he could not. Mayor Surfluh stated this matter will be taken under advisement and a definite answer given at the next Council meeting, in the meantime, Mr. Schuetz will have to abide by the ordinance. A-3 Appearance of LeRoy Boettcher re: Parking Problems Mr. White advised that a request had been received from Mr. LeRoy Boettcher of City Hardware, 730 5th Street, Morro Bay, regarding the use of parking space in front of his store. Mr. Boettcher addressed the Council for himself as well as for Mr. Sinclair of Park View Cleaners, 710 5th Street, stating they both have parking problems, especially when the Justice Court is in session. He stated, although Mr. Sinclair has an agreement to use the parking lot between the two establishments, there is never any parking for his patrons in the 25' space directly in front of the cleaners. Mr. Boettcher then recommended a 12 minute parking time limit in front of the cleaners. In a discussion it was noted this problem is becoming more acute as time goes on, and will be more so, espec- ially with the installation of curbs and sidewalks. Mr. Boettcher stated he felt something should be done about the parking problem in the City and suggested limited parking along both sides of the streets. Also that the Justice Court find other means of parking for those individuals who spend long hours in Court. Councilman Payne said it might be well to send a letter to the County and suggest they obtain other parking for the Justice Court, noting they do have some parking space, but that it should be utilized. Mayor Surfluh stated there is a definite need for a 12 minute park- ing limit in this area. He then entertained a motion that this matter be referred to the Engineering Staff for study and recommenda- tion. Motion: Councilman Zinn moxe.d_the matter of the parking problem on 5th Street be referred to the City Staff for study and report back to the Council. Councilman Payne seconded. Unanimously approved. MINUTES - City Council Meeting August 24, 1965 PAGE THREE A-4 Financial Report. Mr. White presented the Monthly Expenditure Report for August, 1965. Minute Order called for to approve the monthly statement, dated August, 1965. Motion: Councilman Payne moved the Monthly Expenditure Report for August, 1965, including checks numbered 1328 through 1462 be approved. Mayor Surfluh seconded. Unanimously approved. UNFINISHED BUSINESS B-1 ORDINANCE NO. 28. AN ORDINANCE OF THE CITY OF MORRO BAY PROVIDING FOR THE GRANTING OF A FRANCHISE FOR A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF MORRO BAY AND PROVIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION SYSTEM AND FEES THEREFOR. (1st reading) Mr. White advised that the specific change of wording of certain sections in proposed Ordinance No. 28 is a policy decision. He stated that the new proposal is entirely satisfactory and is a good ordinance. Mayor Surfluh asked if there were any objections to the modifications. There were none. He stated this matter had been discussed at great length during previous meetings and if Council was in agreement, the Ordinance could be read by title only. Councilman Payne requested the two changes be read. Mr. White then read paragraph 5d and Section 14 in their entirety. Councilman Zinn queried as to whether the amount set in Exhibit 'A' is a firm figure The City Attorney advised that rates can be reduced today and raised tomorrow, but not above the amount scheduled. Should a rate be set at a higher figure, Council is to be notified and presented with evidence and schedules, and the City Council either approves or denies any rate increase. Anything below the established rate is controlled by the CATV Company. Mayor Surfluh stated he felt a motion to read by title only would be time saving. Motion: Councilman Bowen moved that Ordinance No. 28 be read by title only. Councilman Payne seconded. Roll call vote, unanimously approved. Mr. White read proposed Ordinance No. 28 by title only. The second reading of Ordinance No. 28 will be on September 14. Mr. Hapgood was asked for comments and stated he had none and he thanked the Council for their time and consideration. B-2 Resolution No. 109-65. RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF STREET IMPROVEMENTS ON 8th STREET BETWEEN 'C' STREET AND MAIN STREET, CITY OF MORRO BAY SELECT SYSTEM PROJECT NO. 4. Mr. White advised that the City has readvertised for bids for the construction of improvements on 8th Street between Main and 'C' Streets as the original bids received were far in excess of the cost as estimated by the City Engineer. Specifications were MINUTES - City Council Meeting August 24, 1965 PAGE FOUR rewritten to include material which could be obtained locally thus eliminating prohibitive long distance hauling costs. Bids were examined by the City Engineer and it is recommended the bid be awarded to the low bidder R. H. Beecham, Box 110 Los Osos Road, San Luis Obispo, California, in the amount of $5,505.00. Mr. White read Resolution No. 109-65 in its entirety. Motion: Councilman Payne moved to adopt Resolution No. 109-65. Councilman Bowen seconded. Roll call vote, unanimously approved. B-3 Letter from Congressman Burt Talcott re: Morro Rock Mr. White read a letter, dated August 12, 1965, received from Burt L. Talcott, Congress of the United States, with excerpts from departmental reports on H.R. 1582, regarding Morro Rock. Conclu- sions of the letter indicate the Corps of Engineers and Department of Interior will give assurances that no more rock will be quarried and they feel that there is no need to pass legislation to prohibit said quarrying. A modification to H.R. 1582 which would guarantee no further quarrying could be submitted to Congress. Mayor Surfluh stated that he feels the proposal should be discussed with our State and Federal Representatives and it was suggested a letter be prepared advising that the City is vitally interested in conserva- tion of the rock and reassuring Congressman Talcott that our intent is the same and that we will do everything possible to prevent any further defacement of Morro hock. Motion: Councilman Payne moved the City Administrator forward a letter to both State and Federal Officials, as well as Congressman Talcott, asking them to proceed with whatever bills are necessary to 'help save the rock. Councilman Zinn seconded. Unanimously approved. B-4 Resolution No. 110-65. RESOLUTION REGARDING STREET NAMES AND NUMBERS. Mr. White said that at the last Planning Commission meeting there seemed to be some question as to the intention of the City Council in referring the street name and numbering system back to the Commission, therefore a resolution was prepared referring the matter to the Commission for further study: Mr. White read Resolution No. 110-65 in its entirety. Motion: Councilman Zinn moved Resolution No. 110-65 be adopted. Councilman Bowen seconded. Roll call vote, unanimously approved. Councilman Crass stated he is not too happy with the elimination of Spanish names and substitution of names of English origin, as he feels the names should be simple and of no particular origin. Mayor Surfluh advised the purpose of the resolution is to serve as a directive in order that the matter may appear on the agenda for action by the Planning Commission. Mr. White asked for a recess. at 9:07 P.M. Meeting reconvened at 9:32 P.M. Mayor Surfluh then declared a recess, MINUTES - City Council Meeting August 24, 1965 PAGE FIVE NEW BUSINESS C-1 Request of R. Kitzman for abandonment of Spencer Drive and a portion of Norwich avenue. Mr. White noted a request has been received from R. Kitzman, representing Culligan Water Conditioning Service, regarding the abandonment of a portion of Spencer Drive and Norwich Avenue. He stated an investigation has been made and it would be a cost saving for the City to go through with the abandonment and also include a ortion of property adjacent to this which the City purchased for 1.00. Minute Order called for to refer this matter to the Planning Commis- sion for review and recommendation. Motion: Councilman Crass moved the matter be referred to the Planning Commission for study and recommendation to the Council. Councilman Bowen seconded. Unanimously approved. Mr. White noted the Board of Supervisors have conducted a hearing to transfer all the right, title and interest to streets, roads and alleys to the City. There are two other requests for abandon- ment of property which are no longer needed for street purposes, one in the vicinity of Morro Palms Trailer Park, and om in the vicinity of C and 8.th Streets. These will be referred to the Council for action at a future meeting.• C-2 Request for proclamation re: Constitutional Observance Week. Mr. White stated that a letter had been received from The Estero Lodge, F.&A.M. requesting the Mayor to proclaim the week of September 12 to 19 as Constitutional Observance Week. Mayor Surfluh then directed the City Administrator to prepare the proclamation for his signature. C-3 Petition of property owners protesting the moving of a house to Fresno Street. Mr. White said the City is in receipt of a petition of property owners protesting the moving on of an old building to a lot on Fresno Street. No action is required by the Council as Mr. Gardner, agent for the owner, has withdrawn his application to move the building and he will demolish the structure. C-4 Claim from the Friends of Monte Young Committee on behalf of Monte Young. Mr. White stated a letter had been delivered to the City Office by Mr. Toe Giannini regarding the claim in behalf of Monte Young. The letter represents a formal claim against the City of Morro.Bay on behalf of Monte Young. He noted the original letter was signed by Messrs Daly, Bickford and Giannini, however, Mr. Bickford has since withdrawn his signature due to personal reasons. Council was inform- ed by the City Attorney that Section 910 of the Government Code provides that in order to obtain reimbursement from the City, a claim must first be presented then it is the responsibility of the Council to determine the propriety of the claim. Mr. McIntire, MINUTES - City Council Meeting August 24, 1965 PAGE SIX after studying the letter of August 23, 1965, stated the letter appears to comply with Section 910 and therefore must be treated as a claim, however, while it does set forth the basis of the claim, he felt that prior to taking any action Council should deter- mine all the facts. Mr. Giannini then addressed the Council in behalf of Mr. Young and requested the City to consider repayment in the approximate amount of $23,000.00, less the amount donated by Green -West Acres Corp. Council then discussed the proposed claim in depth. Since Mr. Young is unable to appear before the Council, Mayor Surfluh then appointed Councilmen Bowen and Zinn as a Committee to call upon Mr. Young and discuss the matter. The money was accept- ed from Mr. Young as an outright gift and not a loan, as shown by Resolution No. 32-64, but if there is any legal way the money can be returned to him, the Council feels that it is morally obligated to do so. The matter will be taken under advisement by the City Attorney and discussed at the next Council meeting. TIME RESERVED FOR INDIVIDUAL ACTION C-5 Resolution No. 111-65. RESOLUTION REGARDING TRAFFIC RESTRICTIONS ON PARADE ROUTE. Mr. White defined the parade route on a map, stating TNO PARKING1 signs will be placed the night before and no cars will be allowed in order to clear the parade route. Mr. White read Resolution No. 111-65 in its entirety. Motion: Councilman Bowen moved Resolution No. 111-65 be adopted. Councilman Crass seconded. Roll call vote, unanimously approved. Councilman Zinn advised that property owners in the vicinity of Atascadero Beach State Park have observed that the CityTs barricades are not being observed, as vehicles go out and around on private property to by-pass the barricades. Beachcomber Avenue and Hatteras Street are restricted to traffic and no one is to use this entrance to the State Park. Mr. White stated this has been taken under advisement, noting the contractor had to close off Orcas Street because of curbs and paving. The Director of Public Works has been instructed to contact the contractor in order to settle this matter. CORRESPONDENCE Mr. White read the following correspondence. 1. Letter, dated August 20, 1965, from Auditor -Controller, San Luis Obispo County, regarding invoice and copies of relevant documents pertaining to a contract the County entered into with the Division of Small Craft Harbors, State of California, where- by they received a loan of $6000.00 in December 1961, for a planned study for the development of a marina and small craft harbor within Morro Ba Harbor. A payment is now due on the loan in the amount of �774.10, and final payment will be made in 1971. 2. Letter; dated August 5, 1965, from Rohrberg Realty, regarding disposition of South Street in the City of Morro Bay. Mr. White MINUTES - City Council Meeting August 24, 1965 PAGE SEVEN stated the Director of Public Works has been directed to investigate the status of South Street to determine.whether the City owns this street in fee. This matter will be discuss- ed at a later date when the City has received a report as to the status of the ownership of the street. 3. Certificate from Office of the Secretary of State, Sacramento, California, certifying City of Morro Bay Annexation No. 1. Mr. White stated the effective date of annexation is August 16, 1965, and it is duly recorded. Property owners will be notified they are now a part of the City of Morro Bay. 4. Letter, dated August 20, 1965, Division of Beaches and Parks, replying to City's request for information on the delineation of the property line between City and State lands on Morro Rock. Mr. White stated there is some question as to where the juris- diction of the City ends and State begins. 5. Letter, dated August 10, 1965, from George Murphy, United States Senate, thanking City for receipt of Resolution No. 28-65, concerning the proposed atomic power plant to pump State Water Project water over the Tehachapi Mountains. 6. News Release, dated August 13, 1965, from Division of Highways, stating September 19-25, 1965, has been proclaimed as National Highway Week by President Johnson. 7. Letter, dated August 16, 1965, from California Water Pollution Control Association, announcing establishment of an award for outstanding operation of sewage for industrial waste treatment plants. 8. Board Order, Resolution No. 364-65, San Luis Obispo, regarding intention of Board of Supervisors to transfer real property to the City of Morro Bay. Mr. White advised this resolution has been passed and the City will receive a quitclaim deed at an early date. 9. Board Order, Resolution No. 370-65, San Luis Obispo, regarding intention of Board of Supervisors to transfer real property to the City of Morro Bay for Park Purposes. Mr. McIntire advised that a communication has been received from the District Attorney expressing and acknowledging the agreement of the 5th and 6th Street Park and the deed conveying the property to the City. There is some controversy as to whether the County should main- tain it as a park or turn the property over to the City. The County has requested a meeting with the City Attorney at an early date to resolve the matter. Mr. White stated the status of the Morro Rock Park is possibly involved in this transfer and clarification may also be needed on this park. 10. Letter, dated July, 1965, from United Nation Association of the United States, regarding UN Day Proclamation - twentieth Anniver- sary observance of the UN, and suggesting the City appoint a UN Day Chairman for this City. Mr. White stated the only project this community has participated in is to sponsor a foreign student at the High School through the AFS Program. MIMES - City Council Meeting August 24, 1965 PAGE EIGHT 11. Letter, dated August 19, 1965, from Russell and Mary Parker, expressing appreciation for new street lights in Morro Bay. Mr. Graham requested a copy of the United Nations letter for pre- sentation to several organizations who might wish to participate. Motion: Councilman 'Zinn moved the correspondence be received and ordered filed. Councilman Payne seconded. unanimously approved. ADJOURNMENT Motion: Councilman Bowen moved the meeting be adjourned. Council- man Zinn seconded. Roll call vote, unanimously approved. Meeting was adjourned at 10:47 P.M. RECORDED BY: 0. Ted White, City Cl •erk E PROOF OF SERVICE The undersigned hereby certifies that a copy of the attached Notice of Special Meeting to be held on August 20, 1965, at 12:00 o'clock noon, was person- ally delivered on August 18, 1965, before 5:00 P.M. to each of the following persons or entities: Time received Mayor Surfluh Councilman Bowen Councilman Crass Councilman Payne Councilman Zinn / Morro Bay Sun e�.•C� ) 5' Telegram Tribune/p,OL./�oP Channel 6 TV �/, y� ��hn � ,2: ; p KATY Radio _; . / i /��,,rzLl. � �L J:0 0 KSLY Radio KVEC Radio MINUTES - City Council Meeting Special Meeting August 20, 1965 City Hall, 595 6th Street, Morro Bay Mayor Surfluh called the meeting to order at 12:07 P.M. Present: Councilmen Bowen, Payne, Zinn and Mayor Surfluh Absent: Councilman Crass Mr. Ludeman advised the establishment of the tax rate is for the reduction of bonds on property lying within the former Morro Bay Sanitary District, noting there are eight pieces of property listed on the tax rolls within the City. which are not in this district. He stated this poses quite a problem, however, the matter has been studied by the County Auditor's Office and it is felt four (.04) cents per one -hundred (100) dollars assessed valuation will be sufficient. Motion: Councilman Bowen moved that the tax rate for the Annual Sewer Bond Redemption on the property lying within the former Morro Bay Sanitary District be set at four (.04) cents per one -hundred (100) dollars assessed valuation. Councilman Payne seconded. Unanimously approved. Motion: Councilman Zinn moved to adjourn the meeting seconded. -Unanimously approved. Meeting adjourned at 12:12 P.M. RECORDED BY: 0, "--ld [& C. Ted White City Clerk Corrected Copy Councilman Bowen MINUTES - City Council Meeting Special Meeting August 20, 1965 City Hall, 595 6th Street, Morro Bay Mayor Surfluh called the meeting to order at 12:07 P.M. Present: Councilmen Bowen, Payne, Zinn and Mayor Surfluh Absent: Councilman Crass Mr. Ludeman advised the establishment of the tax rate is for the reduction of bonds on property lying within the former Morro Bay Sanitary District, noting there are eight pieces of property listed on the tax rolls within the City which are' not in this district. He stated this poses quite a problem, however, the matter has been studied by the County Auditor's Office and it is felt four (.04) cents per one -hundred (100)dollars assessed valuation will be sufficient. Motion: Councilman Bowen moved that the tax rate for the Annual Sewer Bond Redemption on the property lying within the former Morro Bay Sanitary District be set at four (.04) cents per one -hundred (100) dollars assessed valuation. Councilman Payne seconded. Unanimously approved. N An Motion: Councilman Zinn-ante-rain-d a motion to adjourn. Councilman Bowen seconded. Unanimously approved. Meeting adjourned at 12:12 P.M. RECORDED BY: 0 � !/"k�x_ C. Ted White City Clerk M z 1 NOTICE OF SPECIAL MEETING There will be a special meeting of the City Council at 12:30 P. M. at the Morro Bay City Hall, 595 6th Street, Morro Bay, California, on Monday, August 16, 1965. AGENDA 1. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT BETWEEN CITY OF MORRO BAY AND C. S. CONSTRUCTION CO. FOR WORK TO BE DONE IN IMPROVEMENT DISTRICT NO. 1, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA S..Surfluh, yor MINUTES - City Council Meeting Special Meeting August 16, 1965 City Hall, 595 6th Street, Morro Bay Mayor Surfluh called the meeting to order at 12:30 P.M. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh. Absent: None 1. Resolution No. 108-65. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT BETWEEN CITY OF MORRO BAY AND C. S. CONSTRUCTION CO. FOR WORK TO BE DONE IN IMPROVEMENT DISTRICT NO. 1, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA. Mayor Sllrfluh stated the meeting was called to authorize the execution of a contract between the City of Morro Bay and C. S. Construction Company for work to be done in Improvement District No. 1. It was noted the agreement had been previously read and that bonds have been received. Mr. Ludeman read Resolution No. 108-65 in its entirety. Motion: Councilman Payne moved for the adoption of Resolution No. 108-65. Councilman Zinn seconded. Roll call vote, unanimously approved. Motion: Councilman Zinn moved to adjourn the meeting. Councilmen Bowen seconded. Unanimous approval. Meeting was adjourned at 12:35 P.M. RECORDED BY: (9 :�v ?� C. Ted White City Clerk MINUTES - City Council Meeting Special Meeting August 16, 1965 Mayor Surfluh called the meeting to order at 12:30 P.M. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh. Absent: None 1. Resolution No. 108-65. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT BETWEEN CITY OF MORRO BAY AND C. S. CONSTRUCTION CO. FOR WORK TO BE DONE IN IMPROVEMENT DISTRICT NO. 1, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA Mayor Surfluh stated the meeting was called to authorize the execution of a contract between the City of Morro Bay and C. S. Construction Company for work to be done in Improvement District No. 1. It was noted the agreement had been previously read and that bonds have been received. Mr. Ludeman then read Resolution No. 108-65 in its entirety. Motion: Councilman Payne moved for the adoption of Resolution No. 108-65. Councilman Zinn seconded. Roll call vote, unanimously approved. r . Motion: Councilman Zinn moved €ems-a—metaex: to adjourn. Councilman Bowen seconded. Roll call vote, unanimously approved. Meeting was adjourned at 12:35 P.M. RECORDED BY: C. Ted Whit City Clerk CITY OF MORRO BAY AGENDA - City Council Meeting August 10, 1965 - 7:30 P.M. Morro Bay Recreation Hall Call to order Pledge of allegiance Invocation Roll Call MINUTES 1. Regular meeting of July 27, 1965. HEARINGS, APPEARANCES & REPORTS A-1. Hearing on Annexation No. 1. A-2. Hearing on Street Names and Numbers. A-3. Report from Citizens Advisory Committee on access to Atascadero Beach State Park. UNFINISHED BUSINESS B-1. Animal Control Services. B-2. AN ORDINANCE OF THE CITY OF MORRO BAY PROVIDING FOR THE GRANTING OF A FRANCHISE FOR A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF MORRO BAY AND PROVIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION SYSTEM AND FEES THEREFOR. (First reading) NEW BUSINESS C-1. Resolution Granting A Use Permit To Hold A Street Parade - 1965 Rock-O-Rama. C-2. Resolution Approving Agreement For Annual Audit. C-3. Request of County Flood Control District Re: Appointment of Committee. C-4. Request of County Economic Development Committee Re: Appointment of Representative. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT CALENDAR 1. Council Meetings: August 24 and September 14, 1965. 2. Planning Commission Meetings: August 17 and September 7, 1965. t 0 MINUTES - City Council Meeting August 10, 1965 Morro Bay Recreation Hall The City Council meeting was called to order at 7:52 P.M. in the Morro Bay Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Zinn and Mayor Surfluh Absent: Councilman Payne MINUTES Motion: Councilman Crass moved the reading of the minutes be dispensed with. Councilman Bowen seconded. Roll call vote, unanimously approved. Motion: Councilman Zinn moved the Minutes of July 27, 1965, be approved as written. Councilman Bowen seconded. Roll call vote, unanimously approved. HEARINGS, APPEARANCES & REPORTS A-1 Resolution No. 104-65. RESOLUTION APPROVING CITY OF MORRO BAY ANNEXATION NO. 1. Mayor Surfluh notified those in attendance the hearing on proposed Annexation No. 1, was now open and that comments would be received for or against the same. There being none, Mayor Surfluh then declared the hearing closed. Mr. White read Resolution No. 104-65 in its entirety. Motion: Councilman Zinn moved to adopt Resolution No. 104-65. Council- man Bowen seconded. Roll call vote, unanimously approved. Mr. White stated Annexation No. 1 would be completed upon filing of the map and legal description and a certified copy of Resolution No. 104-65 with the Secretary of State or County Recorder's Office, whichever is the latest date. A-2 Hearing on Street Names and Numbers. Mr. White stated this project was submitted to the Planning Commission several months ago in order to develop a system of numbering and naming of 'streets as there are several duplications of names and streets do not run consecutively. He presented a map of the Planning 'Commission's proposal whereby they propose the use of consecutive street numbering and the use of Spanish names. The Commission proposes to make their system uniform throughout the City, and very few streets will need to be changed. Two public hearing have been held and citizens have been urged to attend, however, response has been very poor. Mr. Drake explained the Commission's stand, stating why their particular plan was developed and also advising relatively few changes will be necessary. The proposal has been submitted to the City Council for adoption. Mr. White presented and read in its entirety, a resolution from the Morro Bay Chamber of Commerce concerning the naming and numbering of streets of the City of Morro Bay, whereby they propose the use of the numbering system rather than the use of Spanish names. MINUTES - City Council Meeting August 10, 1965 PAGE TWO Mayor Surfluh then asked for and received comments from the floor against the use of Spanish names as it is generally felt they are not practical. Mr. White again presented the proposal of the Fire and Police Department whereby they propose the use of numbers only on East-West streets. In a discussion by the Council it was felt the proposal should be referred back to the Planning Commission for further study and consideration. Motion: Councilman Bowen moved the suggestion of street names and numbering be referred to the Planning Commission for further study and that due consideration be given to the proposal made by the Fire and Police Departments and that consideration also be given to those interested citizens who appeared at this hearing. Councilman Zinn seconded. Roll call vote, unanimously approved. Citizens who are interested in this matter will be urged to attend the Commission's meeting. A-3 Report from Citizen's Advisory Committee on Access to Atascadero Beach State Park. Councilman Zinn reported a meeting had been held with Jack Youngs, James L. Froggatt and Robert Johns, Citizen's Committee, relative to the Atascadero State Beach Park. Mayor Surfluh commended the Committee for their efforts in the matter. Mr. Youngs presented a map of the area stating the Committee studied the problem and sub- mits 3 proposals: (1) Exit from Highway 1 west on Indigo Street to Sandalwood Street, south on Sandalwood to Azure Street, then west on Azure to the beach front, thence north to the present entrance to the campsite, maintaining the elevation on the beach front road at the approximate level of the campsite; (2) Exit from Highway 1 west on Yerba Buena Street to the frontage road access to Toro Point, then north on the access road to the existing dirt road, then west to State park property, then south to the campsite - maintaining an elevation well below Beachcomber Drive with a gradual decline to the elevation of the campsite; and (3) Exit off Highway 1 west on Yerba Buena Street directly onto State park property, then south to campsite maintaining an elevation well below the level of Beachcomber Drive and the existing bluff. The following recommendations were made: Although the State wants Yerba Buena deeded in fee, the City should not deed any property to the State. Committee felt that should it be deemed necessary to grant an easement for access that it be subject to legal requirements of the City. Also a permanent barricade consisting of a chain -link fence, solid fench, or cinder -block wall be erected at the west end of Hatteras Street to insure this access is not used by the general public. Any and all use of campsites be delayed until a mutually satisfactory access route has been completed. Mr. Young noted 5 reasons why the Committee feels the State plan is inadequate: (1) route is hazardous to health, safety and welfare of residents in the area; (2) inability to control.traffic because of substandard street widths; (3) necessitates use of residential streets as holding area; (4) necessitates posting of unsightly directional signs in front of occupied residents; and (5) inadequacy of proposed • 0 MINUTES - City Council Meeting August 10, 1965 PAGE THREE holding area could create traffic congestion on Yerba Buena and Highway 1 presenting a problem for residents using Beachcomber Drive. Mayor Surfluh noted the construction of a park prevents sportsmen, clammers, fishermen and sunbathers from using the beach area and keeps the general public from driving onto the beach at low tide. Mr. Youngs stated although the State has proposed an alternate route, it is the recommendation of the Committee that no alternate route be accepted and the park be kept closed until the proper access route is established. Mayor Surfluh advised of the meeting to be held with the State on Friday, August 13, 1965, at 10:00 A.M. It was suggested the State Department of Fish & game, various wild life groups and sportsmen groups who are concerned with camping and use of the beach area be contacted. Council then concurred with the findings of the Committee Mr. White suggested all members of the Citizen's Committee attend the meeting on Friday. Mr. McIntire stated he doesn't feel there will be any objection, noting confirmation of the meeting has not yet been received. Minute Order called for to adopt the findings of the Committee. Motion: Councilman Zinn moved the City Council accept and adopt and present the report by the Citizen's Committee in the meeting with the State Attorney'General's Office on Friday, August 13, 1965, at 10:00 A.M. Councilman Crass seconded. Unanimously approved. UNFINISHED BUSINESS B-1 Resolution No. 105-65. RESOLUTION APPROVING AGREEMENT FOR ANIMAL CONTROL SERVICES. Mr. White presented a proposed to be rendered by both City an has been revised to include the agreement for services and obligations d Woods Animal Shelter. The agreement following: A guar right of the City to recommend times and frequency the right of the City to respond and investigate a Society fail to do so; and, after 'due notice' to payment for service from the next payment due. Th retroactive from August 1, 1965, and he recommende that form. terly report; the for patrol routes; call should the the Society, deduct e agreement is d it be adopted in Mr. White read Resolution No. 105-65 in its entirety. Councilman Crass stated he does not like any part of theproposed agreement, particularly the location of the shelter within a 20 mile radius. Mayor Surfluh reminded Council the agreement can be terminated by either party upon thirty (30) days written notice prior to their intention to do so. Motion: Councilman Bowen moved Resolution No. 105-65 be adopted. Councilman Zinn seconded. Roll call vote: Ayes: Councilmen Bowen, Zinn and Mayor Surfluh. Noes: Councilman Crass. Adopted by a majority vote. MINUTES - City Council Meeting August 10, 1965 PAGE FOUR B-2 ORDINANCE NO. 28. AN ORDINANCE OF THE CITY OF MORRO BAY PROVIDING FOR THE GRANTING OF A FRANCHISE FOR A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF MORRO BAY AND PROVIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION SYSTEM AND FEES THEREFOR. (1st reading) Mr. Art Hapgood requested delay of the first reading of the proposed Ordinance No. 28 in order to clarify legal terminology used in the rate schedule, Exhibit 'A'. Mr. McIntire advised since the proposed ordinance has been read by title and discussed in depth, a meeting should be held between Mr. Hapgood, Mr. White and the City Attorney in order to rephrase the rate schedule. The ordinance and Exhibit 'A' will both be presented to the City Council at the next meeting. Minute Order called for to defer the lst reading of Ordinance No. 28. Motion: Mayor Surfluh moved the 1st reading of Ordinance No. 28 be deferred until August 24, 1965, and a meeting be held between Mr. Hapgood, Mr. White and the City Attorney to rephrase the rate schedule. Councilman Crass seconded. Unanimously approved. NEW BUSINESS C-1 Resolution No. 106-65. RESOLUTION GRANTING A USE PERMIT TO CONDUCT A STREET PARADE. Mr. White read Resolution No. 106-65 in its entirety. Motion: Councilman Zinn moved Resolution No. 106-65 be adopted. Councilman Crass seconded. Roll call vote, unanimously approved. C-2 Resolution No. 107-65. RESOLUTION APPROVING AGREEMENT FOR ANNUAL AUDIT. Mr. White advised of the request of Mr. Milton E. Willeford to continue his contractual agreement for auditing services under the same terms and agreement as of 1964-65. The new contract for 1965-66 will be the same with the exception of the deletion of paragraph 5, 'the establishment of an accounting system'. Mr. White stated Mr. Willeford performs services throughout the year, correcting errors as they appear and making constructive criticism, thus assuring sound business practices, and that he also receives a copy of the minutes and agenda of the City Council. Mr. White read Resolution No. 107-65 in its entirety. Motion: Mayor Surfluh moved Resolution No. 107-65 be adopted. Councilman Zinn seconded. Roll call vote, unanimously approved. C-3 Request of County Flood Control District Re: Appointment of Committee. Mr. White read a letter from the San Luis Obispo County Flood Control and Water Conservation District, regarding feasibility of utilization MINUTES - City Council Meeting August 10, 1965 PAGE FIVE of water from Nacimiento River within San Luis Obispo County. The County Water Resources Advisory Committee have recommended to the Board of Supervisors adoption of a master County Water Plan, and request the City appoint a committee to represent the incorporated area of the Central Coastal Area in preliminary discussions with the City of E1 Paso de Robles, the County Water Resources Advisory Committee and the County Flood Control District. It was noted Mayor Surfluh now serves on the County,Water. Resources Advisory Committee. Mayor Surfluh stated this project is of major importance and feels the City should work with the committee. The matter will be taken under advisement and a committee appointed at a later date. Mr. Dan Stack of Morro Bay, stated he has made an analysis of the Naciemento Report and offered a report of his findings, should the City wish to make copies of the same. The report was accepted. Motion: Councilman Bowen moved the Mayor be authorized to appoint a committee. Councilman Zinn seconded. Roll call vote, unanimously approved. C-4 Request of County Economic Development Committee Re: Appointment of Representative. Mr. White reviewed briefly the Minutes of July 14, 1965, San Luis Obispo County Economic Development Steering Committee. Mr. White stated he has been requested to serve on the committee in an unofficial capacity. Councilman Zinn suggested each Councilman submit three (3) names to Mayor Surfluh within the next week or so in order that he may contact the individuals, prior to making a selection, to see if they have time and would be willing to serve on the committee. Motion: Councilman Zinn moved that members of the Council submit names of prospective persons who would like to serve on this committee and authorize the Mayor to contact and select a committee from this group. Councilman Crass seconded. Roll call vote, unanimously approved. C-5 Consideration on a proposed Tax Rate for the City of Morro Bay for the Fiscal Year 1965-66. Mr. White informed the Council that the County Auditor's Office has requested the City set the tax rate for the coming fiscal year in order that they may compute the tax rates by September 1, 1965, noting a Supervisor's Meeting will be held on August 23, prior to the next City Council meeting to be held on August 24. Council then discussed a proposed tax rate based on estimates submitted by the Director of Finance noting there are no previous rates upon which to establish this years rate. Mr. White stated the City should not go below a $100;000 reserve in considering a tax rate. After a lengthy discussion a poll was taken and Councilman Zinn and Bowen were in favor of a 7V tax rate, while Councilman Crass stated he felt it should be 82¢ or more based on $125,000.00 reserve. Motion: Mayor Surfluh moved for the adoption of a tax rate of 80� for the Fiscal Year 1965-66. The motion died for the lack of a second. Motion: Councilman Zinn moved for the adoption of a tax rate of 7V for the Fiscal'Year 1965-66. Councilman Bowen seconded. • 0 MINUTES - City Council Meeting August 10, 1965 PAGE SIX A roll call vote was taken with a tied vote. Another poll was taken with the results of Councilman Bowen and Zinn voting at 7 V and Councilman Crass at 8V . Motion: Councilman Zinn moved for the adoption of a 7V tax rate for the Fiscal Year 1965-66. Councilman Bowen seconded. Ayes: Councilmen Bowen, Zinn and Mayor Surfluh. Noes: Councilman Crass. Adopted by a majority Vdte. Mayor Surfluh stated he felt the rate should have been set a little higher, however, the Staff will be able to keep within the established rate and no criticism should be received. TIME RESERVED FOR INDIVIDUAL ACTION Chief Holeman stated there has been considerable talk concerning release of the Police Bulletin to the newspapers and he had asked Mr. McIntire of the City Attorney's Office, whether the bulletin could be kept in confidence for record purposes only. He was advised the bulletin can be kept for record only and is not for public view. Mr. White advised that the County Board of Supervisors have made an offer relative to settling the differences between the City and County in regards to the Morro Bay Harbor. Mayor Surfluh stated that this matter has been submitted to the 'City Attorney and their office has not yet had an opportunity to study the recommendation. Councilman Zinn suggested a letter be prepared advising the County Board of Supervisors of the City's intention to take the offer under advise- ment. Motion: Councilman Zinn moved we formally answer the Board's letter stating we will address ourselves to this proposal and also direct the City Attorney to study this matter and as soon as possible hold a conference. Councilman Bowen seconded. Roll call vote, unanimously approved. Mr. McIntire advised a letter will be prepared by the City Attorney's Office. CORRESPONDENCE Mr. White read the following .correspondence. 1. Letter, dated July 29, 1965, from Mary R. Woolman, Point Motel, Morro Bay, regarding publication of Notice of Public Hearing in the McAlester Tract. Mr. White stated copies of the letter will be available. 2. Letter, dated August 3, 1965, from U. S. Coast Guard Auxilliary, with Brochure 'The Whistling Buoy', concerning plea for Old Sea Scout property. Mr. White advised this request has been forwarded to the Planning Commission and until the matter is resolved no action can be taken, however, the application will be considered at the earliest possible date. 3• Letter, dated July 28, 1965_, from Division of Highways, regarding promotion'of Del Roberts to position of Safety Engineer. Mr. Bill Altus will assume the durites of Mr. Roberts which involve expenditures of gas tax allocations and Federal -Aid Secondary Funds. a 0 MINUTES - City Council Meeting August 10, 1965 PAGE SEVEN 4. Letter, dated August 7,'1965, from A. R. Hanson regarding change of street names and numbers, and stating he agrees with the Merchant's Committee.that 'names should be used which can be pronounced and remembered. 5. Letter, dated August 5, 1965, from Pacific Gas & Electric thanking the City for three copies�of the Final Budget for Fiscal Year 1965-66. 6. Letter, dated August 2, 1965, County Board of Supervisors, regard- ing Stipulation Agreement in the City vs County Law Suit. Motion: Councilman Zinn moved the correspondence be accepted and filed. Councilman Bowen seconded. Roll call vote, unanimously approved. Mr. White displayed the final new seal for the City, stating it is the first photographic reproduction to be used on a City Seal. a ADJOURNMENT Motion: Councilman Zinn moved the meeting be adjourned. Councilman Bowen seconded. Roll call vote, unanimously approved. Meeting was adjourned at 10:36 P.M. Recorded by: � � 2✓Z _:-i C. Ted White, City Clerk 0 CITY OF MORRO BAY AGENDA - City Council Meeting July 27, 1965 - 7:30 P.M. Morro Bay Recreation Hall Call to order Pledge of allegiance Invocation Roll Call MINUTES 1. Regular meeting of July 13, 1965 HEARINGS. APPEARANCES & REPORTS A-1 Appearance of Karl P. Kolb, Morro Bay Taxpayers Association. A-2 Hearing on Annexation No. 1. A-3 Hearing on Improvement District No. 1. A-4 Report on access to Atascadero Beach State Park. UNFINISHED BUSINESS B-1 Adoption of Budget for 1965-66 Fiscal Year. B-2 Animal Control Services. B-3 Select System Project No. 4 - Report of City Engineer. B-4 Resolution regarding Quitclaim Deed for Highways, Roads, Streets, Alleys and Other Public Ways. NEW BUSINESS C-1 AN ORDINANCE OF THE CITY OF MORRO BAY PROVIDING FOR THE GRANTING OF A FRANCHISE FOR A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF MORRO BAY AND PROVIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION SYSTEM AND FEES THEREFOR. (1st reading) C-2 Proclamation Commemorating the Founding of the U. S. Coast Guard. C-3 Planning Commission Matters. a. Recommended ordinance regarding junk. b. Resolution recommending adoption of plan line. c. Planning and Building Director Services for 1965-66. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT CALENDAR 1. Council Meetings: August 10 and 24, 1965. 2. Planning Commission Meetings: August 3 and.17, 1965. Amended Copy 7/27/65 CITY OF MORRO BAY AGENDA - City Council Meeting July 27, 1965 - 7:30 PM Morro Bay Recreation Hall Call to order Pledge of allegiance Invocation Roll Call MINUTES 1. Regular meeting of July 13, 1965 HEARINGS. APPEARANCES & REPORTS A-1. Appearance of Karl P. Kolb, Morro Bay Taxpayers Association. A-2. Hearing on Annexation No. 1. A-3. Report on access to Atascadero Beach State Park. UNFINISHED BUSINESS B-1. Adoption of Budget for 1965-66 Fiscal Year. B-2. Animal Control Services B-3. Select System Project No. 4 - Report of City Engineer NEW BUSINESS C-1. An Ordinance of the City of Morro Bay Providing for the Granting of a Franchise for a Community Antenna Television System in the City of Morro Bay and Providing Terms and Conditions for the Operation of Such Community Antenna Television System and Fees Therefor. C-2. Proclamation Commemorating the Founding of the U. S. Coast Guard. C-3. Planning Commission Matters. a. Recommended ordinance regarding junk. b. Resolution recommending adoption of plan line. c. Planning and Building Director Services for 1965-66. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE { ADJOURNMENT CALENDAR' 1. Council Meetings: August 10 and 24, 1965. 2. Planning Commission Meetings: August 3 and 17, 1965. 0 0 MINUTES - City Council Meeting July 27, 1965 Morro Bay Recreation Hall The City Council meeting was called to order at 7:35 P.M. in the Morro Bay Recreation Hall with the Pledge of Allegiance. Mayor Surfluh asked for a moment of silence in memory of the late R. V. Jacobs, Mayor of Arroyo Grande. Mayor Surfluh then gave the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh. Absent: None MINUTES• Motion: Councilman Crass moved the reading of the minutes be dispensed with. Councilman Payne seconded. Unanimously approved. Mayor Surfluh asked if there were any corrections or deletions. There were none. Motion: Councilman Payne moved the Minutes of July 13, 1965, be approved as written. Councilman Crass seconded. Roll call vote, unanimously approved. HEARINGS, APPEARANCES & REPORTS A-1 Appearance of Karl P. Kolb, Morro Bay Taxpayers Association. Dr. Kolb was unable to appear. Mr. Harold Leverenz, secretary of the Morro Bay Taxpayers Association, read a letter from the Association expressing the Association's views and recommendations regarding the City's proposed Budget. Mayor Surfluh announced the matter was open for discussion. Comments were heard in support of the position taken by the Morro Bay Taxpayers Association, as well as in favor of the City's proposed Budget. The matter was discussed at great length, approximately one hour. Mr. McIntire of the City Attorney's Office, explained the City's position regarding litigation since becoming incorporated. Mayor Surfluh then thanked those participating in the discussion. A copy of the aforementioned letter to be filed in the City Clerks Office. A-2 Hearing on Annexation No. 1. Mr. White advised that due to a technical error, the notice of hearing was published and the description was not, therefore, the matter could not be presented at this time. He then requested the hearing be continued until the next regular meeting of August 10, 1965. A-3 Hearing on Improvement District No. 1. A-3 (a) Resolution No. 99-65. RESOLUTION AND ORDER APPROVING AMENDED ENGINEER'S REPORT AND ASSESSMENT AND ORDERING THE CONSTRUCTION OF IMPROVEMENTS IN IMPROVEMENT DISTRICT NO. 1, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA. Mayor Surfluh notified those in attendance that the hearing on Improvement District No. 1 was now open and that comments would be received for or against the same. There being no protests, Mr. White suggested Resolution No. 99-65 be read by title only, as it was read in its entirety, with minor changes, at a previous meeting. MINUTES - City Council Meeting July 27, 1965 PAGE TWO Motion: Councilman Zinn moved Resolution No. 99-65 be read by title only. Councilman Bowen seconded. Roll call vote, unanimously approved. Mr. White read Resolution No. 99-65 by title only. Motion: Councilman Zinn moved that Resolution No 99-65 be adopted. Council- man Payne seconded. Roll call vote, unanimously approved. A-3 (b) Resolution No. 100-65. RESOLUTION OF AWARD OF CONTRACT, IMPROVEMENT DISTRICT NO. 1, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA. Mr. White read Resolution No. 100-65 in its entirety. Motion: Councilman Zinn moved Resolution No. 100-65 be adopted. Councilman Payne seconded. Roll call vote, unanimously approved. Mr. White stated this concluded the matter of the Improvement District and Mayor Surfluh declared the subject technically closed. Motion: Councilman Payne moved the hearing be'concluded. Councilman Bowen seconded. Roll call vote, unanimously approved. A-4 Report on access to Atascadero Beach State Park. Mr. McIntire, City Attorney's Office, presented and discussed the proposed map of the Atascadero Beach State Park and the State's request for a fee grant to Yerba Buena Street as access to the State Park, and noting the State has no intention of requiring the City to patrol or maintain Yerba Buena once the street is used by state traffic. Plans and specifications have been submitted by the State proposing'the relocation of the entrance onto Yerba Buena, and widening Beachcomber Avenue prior to entering the park. 104 spaces have been disignated for camp sites. The problem of a holding area for trailers prior to entering the park was discussed, however, it is felt this will resolve itself as it appears unlikely everyone will arrive or leave at the same time. A letter from Mr. Irwin Friedman, Deputy Attorney General, suggested the State meet with the City at the Golden Tee Motel on August 13, 1965, at 10:00 A. M. to resolve the issue. In a discussion by the Council it was felt a citizens committee should be formed consisting of one Council- man and interested citizens to study the problem. Mayor Surfluh appointed Councilman Zinn and stated he would discuss the appointment of other members of the committee with him after the meeting. Mr. McIntire reminded Council the meeting with the State would be held on August 13, therefore, he felt the Citizens Committee should be instructed to report at the next council meeting on August 10, 1965. Motion: Councilman Crass moved Mayor Surfluh appoint a committee of one Councilman and two citizens to study this matter and report at the next council meeting on August 10. Councilman Bowen seconded. Roll call vote, unanimously approved. Mr. Bill Short said cars and trailers leaving the park will still return to the highway via Easter Street, thus creating the same problem as before. He was assured this will be studied and reported on by the committee. UNFINISHED BUSINESS B-1 ORDINANCE NO. 27. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1965-66. • MINUTES - City July 27, 1965 PAGE THREE Council Meeting Mayor Surfluh stated that since the City is already into the fiscal year, it is mandatory that a budget be adopted in order to meet current obligations. He stated further that many hours of study have gone into the preparation of the budget as proposed. Mayor Surfluh asked that the budget ordinance be read in full. Mr. White read Ordinance No. 27-in its entirety. . Motion: Councilman Bowen moved for the adoption of Ordinance No. 27. Seconded by Councilman Zinn. Roll call vote, unanimously approved. B-2 Resolution No. 101-65. RESOLUTION APPROVING AGREEMENT FOR ANIMAL CONTROL SERVICES. Mr. White noted the proposed Agreement was previously read and discussed in depth, and that corrections have been made. Councilman Payne then stated he was not too happy to vote for this particular agreement, however, it would cost the City much more to operate and maintain their own shelter, therefore, he feels the City should give it a try. Councilman Crass objected to the 120 mile radius' as he feels it is an inconvenience to those using the services. The shelter is located near the airport in San Luis Obispo. Mayor Surfluh stated this is the only service available to the City at the present time. Motion: Councilman Payne moved to adopt Resolution No. 101-65. Councilman Zinn seconded. Roll call vote. AYES: Councilmen Bowen, Zinn, Payne and Mayor Surfluh NOES: Councilman Crass The motion was adopted by a majority vote. B-3 Resolution No. 102-65. RESOLUTION REJECTING ALL BIDS AND AUTHORIZING READVERTISEMENT FOR BIDS FOR CITY OF MORRO BAY SELECT SYSTEM PROJECT NO. 4. Mr. White explained the request for readvertisement is due to the bids being in excess of those proposed by the City Engineer. Mr. Taylor stated the three bids received were 230 over estimated engineering costs, due mainly to the specifications which required material that could only be ordered from sources a long distance and the hauling costs were prohibitive. He proposed to modify the specifications in order to use local material and therefore enable the City to receive more competitive bids. Mr. Taylor then recommended all the bids be reviewed and the City readvertise the bid with new specifications. Mr. White read Resolution No. 102-65 in full. Motion: Councilman Crass moved for the adoption of Resolution No. 102-65. Councilman Zinn seconded. Roll call vote, unanimously approved. B-4 Resolution No. 103-65. RESOLUTION REQUESTING SAN LUIS OBISPO COUNTY TO EXECUTE QUITCLAIM DEED FOR HIGHWAYS, ROADS, STREETS, ALLEYS AND OTHER PUBLIC WAYS. Mr. White advised that in February 1965, the City requested the County of San Luis Obispo transfer all of the right, title and interest to streets and roads in the City of Morro Bay to the City. A similar resolution has been passed excluding the area of the harbor which would be rescinded by this resolution. MINUTES - City Council Meeting July 27, 1965 PAGE FOUR Mr. White read Resolution No. 103-65 in its entirety. Motion: Councilman Zinn moved for the adoption of Resolution No. 103-65. Councilman Bowen seconded. Roll call vote, unanimously approved. NEW BUSINESS C-1 ORDINANCE NO. 28. AN ORDINANCE OF THE CITY OF MORRO BAY PROVIDING FOR THE GRANTING OF A FRANCHISE FOR A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF MORRO BAY AND PROVIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION SYSTEM AND FEES THEREFOR. (First reading) Mayor Surfluh read the title to proposed Ordinance No. 28. Mr. Michael McIntire, associate of the City Attorney's Office, discussed with Mr. Hapgood Ordinance No. 28 in depth, stating time did not permit re -drafting of the ordinance. He then advised there are several changes and decisions which would need council approval such as the exclusive or non-exclusive clause, as well as the term of the franchise. Mr. Hapgood queried as to whether the rate schedule should be made a part of the Ordinance or listed separately as Exhibit 'A'. Council agreed that since the rate structure is flexible it should be included by attachment as Exhibit W. Mr. McIntire said he would have the proposed ordinance ready for the first reading on August 10. Council then deferred the first reading of Ordinance No. 28 until August 10. C-2 Proclamation Commemorating the Founding of the U. S. Coast Guard. Mr. White read the Proclamation in which Mayor Surfluh calls upon the people of Morro Bay to observe the 175th Anniversary of the Founding of the U. S. Coast Guard on August 4, 1965. C-3 Planning Commission Matters. C-3 (a) Mr. White presented a sample of Butte County Ordinance No. 733, relating to the definition of "junk". This matter was referred to the City Council by the Planning Commission recommending a similar ordinance be adopted by the City of Morro Bay. Minute Order called for to review the Ordinance. Motion: Mayor Surfluh moved the City Council study and review the sample ordinance. Seconded by Councilman Payne. Unanimously approved. C-3 (b) Resolution recommending adoption of plan line. Planning Commission Resolution No. 6-65. RESOLUTION RECOMMENDING THE ADOPTION OF A PLAN LINE FOR A FRONTAGE ROAD FROM 66th STREET TO INDIGO STREET ON THE WEST SIDE OF HIGHWAY 1. Mr. White stated the matter is referred by the Planning Commission for action by the City Council. Council can adopt the plan by Ordinance, however, preparation of the ordinance is being held in abeyance pending the hiring of the new Planning Director. Motion: Councilman Zinn moved to authorize the City Attorney and Staff to prepare the ordinance. Councilman Payne seconded. Unanimously approved. The matter was then referred to the City Staff for study. A copy of the Planning Commission resolution will be made available to all Councilmen. MINUTES - City Council Meeting July 27, 1965 PAGE FIVE C-3 (c) Planning and Building Director Services for 1965-66. Mr. White advised the hiring of a Planning Director has been discussed with the Planning Commission and it is their recommendation the City Staff advertise in ASPO and AIP Newsletters. He stated the Commission reviewed the job description and it is their desire to serve as a board of review at the interview. Date of the examination is to be determined by the State Personnel Services. The services of Mr. Rogoway have been requested for the interim period to serve in the capacity of adviser to the City Staff and City Council. Four proposals were submitted by the County and the Commission recommended the adoption of Alternate Service No. 3, Normal Services, at an annual fee of $3800.00. Mr. Rogoways services are to be performed through contract wth the County. Motion: Councilman Bowen moved to authorize negotiations with San Luis Obispo County for the services of Mr. Rogoway. Councilman Payne seconded. Roll call vote, unanimously approved. Motion: Mayor Surfluh moved the City be authorized to proceed with advertising for a Planning Director and Building Inspector. Council- man Payne seconded. Roll call vote, unanimously approved. C-3 (d) Mr. White presented the Monthly:Expenditure Report for'July, 1965. Minute Order called for to approve the monthly statement, dated July 1965. Motion: Councilman Zinn moved the Monthly Expenditure Report for July 1965, including checks numbered 1185 through 1327, be approved. Council- man Payne seconded. Roll call vote, unanimously approved. TIME RESERVED FOR INDIVIDUAL ACTION Councilman Crass stated he felt every effort should be.made by Councilmen and Commissioners alike to assure a quorum being present at meetings which have been scheduled and/or advertised, noting the Planning Commission meeting scheduled for July 26, 1965, was cancelled due to lack of a quorum. Mr. White stated the present method of reporting absent by telephone is unsatisfactory, however, the City will strive to amend the situation. Mr. White read the following correspondence: 1. Letter from Mrs. Leone K. Arnold, 175 Orcas Street, Morro Bay asking the City to consider Yerba Buena Street as an entrance to the Atascadero State Park instead of Orcas Street. 2. Letter from Karl P. Kolb, M. D. requesting the Morro Bay Taxpayers Association be placed on the Agenda of the City Council for the meeting of July 27, 1965. 3. Letter from Karl P. Kolb, M. D. thanking Mayor Surfluh for arranging the meeting between Mr. White, Mr. Ludeman and three members of the Taxpayers Association. 4. Two clippings from the newspaper regarding reclamation and purification of water. MINUTES - City Council Meeting July 27, 1965 PAGE SIX 5. Letter from Department of Finance regarding receipt of the City's application for an Urban Planning Assistance grant. (July 19, 1965) Mr. White stated this matter will again be brought to the attention of the Council when the meeting date for hearing our application is established, should a member of the Council wish to attend and present our application to the State Planning Advisory Commission. 6. Minutes of Meeting of San Luis Obispo County Economic Develop- ment Steering Committee, July 14, 1965. Mr. White will contact the Chairman regarding request to the City. 7. Letter From John Carollo Engineers,, regarding Water Pollution Control. July 23, 1965. 8. Board Order #20, from San Luis Obispo County, re: use of certain roads in Morro Bay on September 4, 1965, for the annual Rock-O-Rama parade. 9. Board Order #21, from San Luis Obispo County, re: street barricades for Rock-O-Rama. 10. Letter from Winfield A. Shoemaker, Assembly California Legislature, re: appropriation budgeted for access street to Atascadero State Park. 11. Letter from Russell C. Goodrich, President, Morro Bay Lions Club, thanking the City for permission to use City property for the Rock-0- Rama Celebration. 12. News Release from U. S. Department of Interior, re: Report on Saline Water. Motion: Councilman Zinn moved the correspondence be accepted and filed. Seconded by Councilman Bowen. Roll call vote, unanimously approved. Motion: Councilman Crass moved the meeting be adjourned. Seconded by Councilman Zinn. Roll call vote, unanimously approved. Meeting was adjourned at 11:10 P. M. Recorded by: 00 r�: )a C. Ted White, City Clerk 0 MINUTES - City Council Meeting Executive Session July 13, 1965 - 7:00 P.M. City Hall, 595 - 6th Street, Morro Bay Present: Councilmen Crass and Payne, Mayor Surfluh, Michael McIntire, City Attorney and C. Ted White, City Administrator This meeting was called to review the current litigation with the State of California over the closure of certain streets in a portion of the Atascadero Beach Subdivision. Meeting adjourned at 7:35 P.M. CITY OF MORRO BAY AGENDA - City Council Meeting July 13, 1965 - 7:30 PM Morro Bay Recreation Hall Call to order Pledge of allegiance Invocation Roll Call MINUTES 1. Regular meeting of June 22, 1965 HEARINGS, APPEARANCES & REPORTS A-1. Hearing on granting of CATV franchise A-2. Hearing on street access in a portion of Atascadero Beach Subdivision A-3. Request for annexation to City UNFINISHED BUSINESS B-1. Presentation of Plans and Specifications for additions to City Adminis- tration Building. a. Resolution Approving Plans and Authorizing Advertisement for Bids for City of Morro Bay Administration Building Addition. B-2. Animal Control Services. a. Agreement b. Resolution Approving Agreement for Animal Control Services. B-3. Resolution of the City Council of the City of Morro Bay Relative to Urban Planning Assistance. B-9. Adoption of Budget for 1965-66 Fiscal Year. NEW BUSINESS C-1. Resolution of Intention to Hold a Public Hearing on the Adoption of Street Names and Numbers in the City of Morro Bay. (August 10, 1965) C-2. Resolution Granting A Variance to Fred S. Mayfield. C-3. ,Resolution Awarding Contract for Construction of Street Improvements on 8th Street - City of Morro Bay Select System Project No. 4. C-4. Resolution Regarding City of Morro Bay Particiapation in the Neighbor- hood Youth Corps. C-5. Resolution Adopting and Submitting A Budget for Expenditures of Funds Allocated From the State Highway Fund to Cities. C-6. Resolution Adopting and Submitting a Budget for Expenditure of State Allocated (Engineering) Funds. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attornev CORRESPONDENCE ADJOURNMENT CALENDAR 1. Council Meetings: July 27 and August 10. 2. Planning Commission Meetings: July 20 and August 3. MINUTES - City Council Meeting July 13, 1965 Morro Bay Recreation Hall The City Council meeting was called to order at 7:40 P.M. in the Morro Bay Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL Present: Councilmen Payne, Crass and Surfluh Absent: Councilmen Bowen and Zinn MINUTES Motion: Councilman Payne moved the reading of the minutes be dispensed with. Councilman Crass seconded. Roll call vote, unanimously approved. Motion: Councilman Crass moved the Minutes of June 22, 1965, be approved as written. Councilman Payne seconded. Roll call vote, unanimously approved. HEARINGS, APPEARANCES & REPORTS A-1 Mayor Surfluh stated the hearing on granting of CATV Franchise would be deferred until later in the meeting as said hearing was advertised to be held at 8:00 P.M. A-2 Hearing on street access in a portion of Atascadero Beach Subdivision. Mayor Surfluh notified those present that the hearing on the Atascadero Beach access and the Council's action limiting certain vehicular traffic was now open for discussion. Mayor Surfluh stated the City Council has been working in the interests of the residents of the Atascadero State Beach area and the closing of the streets by the City was felt to be in the best interests of the City and all its citizens. Mr. Irwin Friedman, representative of the Attorney General's Office, commended the City Council for their interest in behalf of the citizens, stating how- ever, the State feels the decision to close off the street was done hastily and should have been discussed with the State prior to doing so. Mr. Friedman stated that the State wishes to discuss a new access route to the beach as the State is anxious to complete the route to the State Park. The State is requesting the City to grant interest to Yerba Buena Street for an access road.and holding area to the checking stands of the State Park. The City, by letter, informed the State this proposal will not be considered until plans and specifications are received. The meeting of July 14, 1965, was cancelled by the City by letter and by telephone, not having received the proposed plans for access from the State, however, Mr. Friedman urged the City to reconsider. Mr. Friedman indicated that the meeting would require the dignity of the City Council to effectively resolve the issues at hand. The Council asked that representatives of the State Division of Beaches and Parks meet with the Director of Public Works and the City Engineer to review their plans. Mr. Friedman indicated that this MINUTES - City Council Meeting July 13, 1965 PAGE TWO was not possible without members of the Council present. No further action taken by the City Council at this time. Interested citizens expressed their views on the present route and proposed access road. A-1 Hearing on granting of CATV Franchise. Mayor Surfluh notified those in attendance that the hearing on the intention to grant a CATV franchise was now open and that comments would be recieved for or against the granting of said franchise. There being no comments, Mayor Surfluh asked Mr. 1,hite what the next step would be in the granting of the franchise. Mr. White stated the ordinance in its final form is not ready for the first reading and as soon as all information has been received and incorporated in the ordinance it will be presented to the Council. Mr. Hapgood is to be notified and furnished a copy of said ordinance. He also noted to date no written or oral protests have been recived. The proposed ordinance will be presented at the next Council meeting on July 27, 1965. A-3 Resolution No. 90-65. RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION AND HEARING. Mr. White advised that the City is in receipt of a petition for annexation to the City of Morro Bay of property located on the east side of Morro Bay in the vicinity of the Baywood overpass and includes the property of the Benedict-Retty Mortuary, property owned by The Domenghini Trust and property of the Southern Baptist Church. The proposed annexation consists of approximately 109 acres and is primarily agricultural. As there are less than 12 residents, the area is considered uninhabited under provisions of the Government Code and therefore can be annexed by giving notice of proposed annexation and hearing. Mr. White stated the application has been filed with and approved by the Local Agency Formation Commission of the County, as well as the,,Boundary Commission. Mr. White then read Resolution No. 90-65 in full. Motion: Councilman Payne moved that Seconded by Councilman Crass approved. UNFINISHED BUSINESS Resolution No. 90-65 be adopted. . Roll call vote, unanimously B-1 Resolution No. 91-65. RESOLUTION APPROVING PLANS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF CITY OF MORRO BAY ADMINISTRATION BUILDING ADDITION. Mr. White presented the architects rendering by Thomas and Leydenfrost, Architects from Bakersfield, stating plans and specifications are available for anyone interested in reviewing them. He recommended the City staff be allowed to advertise for Bids for the construction of the building as funds were budgeted for this project in Fiscal Year 1964-65 Budget. Mr. White read Resolution No. 91-65 in full. Councilman Payne advised this project has been thoroughly studied and discussed by the Planning Commission as well as the City Council. Mr. Hugh Case commented on parking facilities. - 2 - 0 MINUTES - City Council Meeting July 13, 1965 PAGE THREE Motion: Councilman Payne moved Resolution No. 91-65 be adopted. Seconded by Councilman Crass. Roll call vote, unanimously approved. B-2 Proposed Agreement for Animal Control Services by and between the City of Morro Bay and Woods Animal Shelter. Mr. White read the agreement and Mr. Michael McIntire, associate of the City Attorney's Office, discussed it in depth, fully noting services and obligations to be rendered by both -City and Woods Animal Shelter. Mayor Surfluh stated it was the feeling of the Council that this matter should be studied further and instructed the City Administrator and City Attorney to obtain additional information. Mr. White advised that the agreement cannot be adopted by the City Council until first reviewed by Woods Animal Shelter who must be in accord with the provisions of said Agreement. Minute Order called for to defer action on this item until the next regular meeting. Motion: Councilman Crass moved the City Council study this Agreement during the next two weeks and defer action until the next meeting. Councilman Payne seconded. Unanimously approved. B-3 Resolution No. 92-65. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, STATE OF CALIFORNIA RELATIVE TO URBAN PLANNING ASSISTANCE. Mr. White advised that this matter has been discussed with the State Office of Planning and the contract was revised to include recommenda- tions of the Planning Commission to the City Council. The proposal provides for City parti6ipation under the Federal Grant Program, Section 701 of the Housing Act of 1954• It will be approximately 6 months before the contract is approved and phasing of the program is scheduled for completion within 18 months, at a total cost to; the City of $9,886.00. Although the program is considered a one time grant, two separate grants may be required to complete phasing as set forth in the contract. Mr. White then recommended adoption of the resolution and suggested application be made as soon as possible. Mr. white read Resolution No. 92-65 in full. Motion: Councilman Crass moved that Resolution No. 92-65 be adopted. Seconded by Councilman Payne. Roll call vote, unanimously approved. B-3a Resolution No. 93-65. RESOLUTION NAMING HAHN, WISE AND ASSOCIATES, INC. AND KOEBIG AND KOEBIG, INC. AS PLANNING CONSULTANTS Mr. White read Resolution No. 93-65 in full. Motion: Councilman Payne moved that Resolution No. 93-65 be adopted. Seconded by Councilman Crass. Roll call vote, unanimously approved. B-4 Adoption of Budget for 1965-66 Fiscal Year. Adoption of Budget for 1965-66 Fiscal Year was deferred until July 27, 1965, due to the absence of Councilmen Bowen and Zinn. MINUTES - City Council Meeting July 13, 1965 PAGE FOUR Minute Order called for the deferrment of adoption of budget at this meeting. Motion: Councilman Crass moved that the adoption of the final budget be deferred until the next Council Meeting of July 27, 1965. Seconded by Councilman Payne. Unanimously approved. Dr. Karl Kolb spoke requesting an extension of time in order that the public could be more fully informed. Since this is not the first public hearing, and the matter now being deferred, Mayor Surfluh stated public suggestions may be presented at the next Council meet- ing. NEW BUSINESS C-1 Resolution No. 94-65. RESOLUTION OF INTENTION TO HOLD A PUBLIC HEARING ON THE'ADOPTION OF STREET NAMES AND NUMBERS IN THE CITY OF MORRO BAY. Mr. White advised two hearing have been held in this matter prior to forwarding to the City Council, and recommended the date of August 10, 1965, be set for the public hearing. Mr. White read Resolution No. 94-65 in full. Motion: Councilman Crass moved that Resolution No. 94-65 be adopted, and the date of August 10, 1965, beset for the public hear- ing. Seconded by Councilman Payne. Roll call vote, unanimously approved. The press is to be notified that maps of the proposal will be on display in both fire houses for information of all interested persons, C-2 Resolution No. 95-65. RESOLUTION GRANTING A VARIANCE TO FRED D. MAYFIELD. Mr. White advised this request has been approved by the Planning Commission, noting the variance request is for a 20' setback of a garage rather than the required 25' with a side clearance of 3' in conformance with the present building. Mr. White read Resolution No. 95-65 in full. Motion: Councilman Payne moved that Resolution No. 95-65 be adopted granting a variance to Fred S. Mayfield. Seconded by Mayor Surfluh. Roll call vote, unanimously approved. C-3 Proposed Resolution Awarding Contract for Construction of Street Improvements on 8th Street - City of Morro Bay Select System, Project No. 4, was deferred until July 27, 1965, on the recommendation of the City Engineer who stated the bids received are far in excess of engineering estimates. Since thirty days are allowed in which to accept or reject any or all bids, the matter will be clarified with the Division of Highways and City Attorney as whether to accept the present bids or re -advertise. - 4 - MINUTES - City Council Meeting July 13, 1965 PAGE FIVE C-4 Resolution No. 96-65. RESOLUTION REGARDING CITY OF MORRO BAY PARTICIPATION IN THE NEIGHBORHOOD YOUTH CORPS. Mr. White read Resolution No. 96-65 in full. Mr. White then stated that upon the request of Mr. James Knadler, San Luis Obispo County Schools, two girls were placed in positions to learn office functions - typing and filing, the costs being assumed by the County. He also stated both girls are performing admirably and the staff wishes more could be employed. An error was noted in Resolution No. 96-65, para 1, line 2, "16 and 21". It should read "16 to 21". Motion: Councilman Payne moved that Resolution No. 96-65 be adopted. Seconded by Councilman Crass. Roll call vote, unanimously approved. C-5 Resolution No. 97-65. RESOLUTION ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURES OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES. Mr. White read Resolution No. 97-65 in full. Motion: Councilman Payne moved that Resolution No. 97-65 be adopted. Seconded by Councilman Crass. Roll call vote, unanimously approved. C-6 Resolution No. 98-65. RESOLUTION ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF STATE ALLOCATED (ENGINEERING) FUNDS. Mr. White read Resolution No. 98-65 in full. Motion: Councilman Crass moved that Resolution No. 98-65 be adopted. Seconded by Councilman Payne. Roll call vote, unanimously approved. TIME RESERVED FOR INDIVIDUAL ACTION Mr. White presented a request for Transfer of Funds to finalize the 1964-65 Budget, stating with a total increase of $27,000 in several departments and a total decrease of $12,125.00 in Police, Fire, Water and Debt Service, there remains a net decrease in Unbudgeted Reserve of $14,875.00. He then recommended official transfer of funds from the unbudgeted reserve to accounts requiring adjustments, said request to be made a part of these minutes. Minute Order called for to approve the request, dated July 13, 1965, as submitted. Motion: Councilman Payne moved to approve the request dated July 13, 1965, as submitted. Councilman Crass seconded. Unanimously approved. - 5 - MINUTES - City Council Meeting July 13, 1965 PAGE SIX CORRESPONDENCE Summary of Correspondence to be attached to and made a part of these minutes. Motion: Councilman Payne moved the correspondence be accepted and filed. Seconded by Councilman Crass. Unanimously approved. ADJOURNMENT Motion: Councilman Crass moved the meeting be adjourned. Seconded by Councilman Payne. Roll call vote, unanimously approved. Meeting was adjourned at 9:35 P.M. Recorded by: C. Ted White City Clerk - 6 - SUMMARY OF CORRESPONDENCE - City Council Meeting, July 13, 1965. 1. Post Card from Toni B. Abraham thanking Mayor and City Council for an enjoyable evening when City of Morro Bay hosted neighbor- ing cities for the League of California Cities. 2. Letter from Mary R. Woolman referring to promises and pledges of local officials before boosting the budget. 3. Letter from U. S. Department of Labor, "NOTICE TO EMPLOYEES" of the Fair Labor Standards Act Requirements which is to be posted by the City. 4. Reference to letter from Culligan Services regarding request for abandonment of Spencer Drive. 5. Mr. White noted correspondence received from Culligan Water Conditioning Company, re: abandonment of Spencer Drive. July 13, 1965 TO: City -Council FROM: C. T. White SUBJECT: Request for Transfer of Funds to Finalize the 1964-65 Budget. The 1964-65 Budget adopted on January 26, 1965 was based on estimates of the requirements for the fiscal year and could not be accurately predicted, due to no experience factor being available from which accurate predictions of need and cost could be based. Consequently, expenditures were required to be made for items of equipment and operating expenses that were unknown at the time of adoption of the first City Budget. The procedures to be followed in applying sound fiscal procedures now requires that transfers be made to officially transfer funds from the unbudgeted reserve to those accounts that require adjust- ments. The attached list of accounts will require adjustment by either an increase or decrease from the amount originally budgeted. 0 2 /*16( C. Ted White, City Administrator Increase the Following Departmental Budgets: Dept. Acc. No. Amount City Council G-1000 $ 100.00 City Attorney G-1400 15,000.00 Planning Commission G-1600 200.00 General Government Bldgs. G-1800 2,000.00 Engineering & Admin. G-3000 4,000.00 Sanitary G-3400 1,100.00 Parks & Playgrounds G-3800 1,400.00 Street Lighting G-4000 3,200.00 Total Increases Decrease the Following Departmental Budgets: Police G-2500 Fire G-2600 Debt Service G-2100 Water G-3600 Total Decreases Net Decrease in Unbudgeted Reserve $ 27,000.00 $ 7,000.00 2,000.00 125.00 3.000.00 $ 12,125.00 $ 14,875.00 CITY OF MORRO BAY AGENDA - City Council Meeting June 22, 1965 - 7:30 PM Morro Bay Recreation Hall Call to order Pledge of allegiance Invocation Roll Call MINUTES 1. Special meeting of May 21, 1965 2. Adjourned meeting of May 26, 1965 .3. Regular meeting of June 8, 1965 4. Special meeting of June 16, 1965 HEARINGS, APPEARANCES & REPORTS A-1. Appearance of J. N. Moses A-2. Hearing - Improvement District No. 1, continued from May 25, 1965. A-3. Financial Report - 5/16/65 to 6/15/65 A-4. Preliminary Budget Hearing UNFINISHED BUSINESS B-1. Telegram from Congressman Burt L. Talcott re: appropriation for continuing survey of Morro Bay Harbor. B-2. Letter from Woods Animal Shelter regarding services for 1965-66. B-3. Authorization to employ part-time summer help. B-4. Notification of approval of grant of funds for Wastewater Treatment Plant. B-5. Harbor Lease - U.S. Coast Guard. NEW BUSINESS C-1. C-2. C-3. C-4. C-5. C-6. C-7. Resolution Resolution Morro Bay Resolution Resolution Palmer. Approving Agreement Covering Service Riser Pipe. Authorizing Advertisement for bids for City of Select System Project No. 4. Granting a Variance to Robert Janda. Granting a Conditional Use Permit to L. E. Request for use of City property by Morro Bay Request of R. Kitzman for street abandonment. Request of U. S. Coast Guard Reserve for lease front property. Lions Club. of water - ►I) C-8. Request for street improvements. C-9. Request for stop sign at 1st and Estero Streets. C-10. Request for business license for a produce stand at Atascadero Road and Hwy. 1. C-11. Letter from State Office of Planning re: Planning Conference. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT 1. Council Meetings: July 13, July 27. 2. Planning Commission Meetings: July 6 and July 20 a 0 MINUTES - City Council Meeting June 22, 1965 7:30 P. M. Morro Bay Recreation Hall The City Council meeting was called to order at 7:30 P. M. in the Morro Bay Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh Absent : None MINUTES Motion: Councilman Zinn moved that the reading of the minutes of the Special meeting of May 21, the Adjourned meeting of May 28, Regular meeting of June 8, and the Special meeting of June 16, be dispensed with. Seconded by Councilman Payne. Passed unani- mously. Motion: Councilman Zinn moved approved as written. unanimously. that the minutes of these meetings be Seconded by Councilman Crass. Passed Councilman Zinn reported concerning the Superior Court action in the State of California vs. the City of Morro Bay in which Judge Robert Meyers over- turned his prior decision of restraint and two injunctions against the City were removed. He stated that the barricades on Beachcomber and Hatteras would be replaced at 8:00 A. M. the following day. Councilman Zinn also read a letter from the Morro Beach Preservation Association which thanked the Council for their support and effective assistance concerning the Atascadero Beach campground being established by the State of California. Councilman Zinn personally thanked the City Attorneys for their excellent defense of the rights of the City and the citizens of Morro Bay. HEARINGS, APPEARANCES & REPORTS A-1. Appearance of J. N. Moses Mr. Moses asked permission of the Mayor to allow Mr. Joe Giannini and Dr. Karl Kolb to join him in presenting their findings after circulating a petition requesting the Council to use the Boyle Engineering Study as a'tax basis. A Brief presentation was made by Mr. Giannini and Dr. Kolb, and Mr. Moses read the petition which had been circulated, and argued briefly in favor of a tax rate of forty cents per $100.00 assessed valuation, as set forth in the Boyle Study. He presented to the Council the petition containing 1260 signatures for their full and careful consideration. Motion: Councilman Zinn moved that the records show that the petitions were received from Mr. Moses and have been stamped, 'Received' and filed for public record. Seconded by Councilman Payne. Passed unanimously. A-2. Hearing - Improvement District No. 1, continued from May 25, 1965. Mr. White explained that this hearing had been continued from the meeting of May 25 in order to clear up ownership of one parcel of property involved. MINUTES - City Council Meeting June 22, 1965 PAGE 2 Mayor Surfluh asked if there was anyone present to offer comments and there being none forthcoming, called upon Mr. Den -bulk who stated that at the last hearing bids were in excess of engineers' estimate and an amended engineers' assessment had been prepared. The next step requires two resolutions: one resolution directing the engineers to file the amended assessment, and a second resolution of intention to amend the proceedings in order to increase the total assessment to cover the bid. Resolution No. 83-65. RESOLUTION DIRECTING ENGINEER OF WORK TO FILE AMENDED COST ESTIMATE AND AMENDED ENGINEER'S REPORT AND ASSESSMENT IN IMPROVEMENT DISTRICT NO. 1, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA Mr. Den -bulk read Resolution No. 83-65 in full. Motion: Councilman Payne moved that�Resolution••N6.,83-65-be+adopted. Seconded by Councilman Bowen. Roll call vote, passed unanimously. Resolution No. 84-65. RESOLUTION OF INTENTION TO AMEND THE PROCEEDINGS IN THE MATTER OF THE COST OF THE WORK TO BE DONE AND ASSESSMENTS TO BE LEVIED, AND SETTING TIME AND PLACE OF PUBLIC HEARING THEREON, IN IMPROVEMENT DISTRICT NO. 1, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA Mr. Den -bulk read Resolution No. 84-65 in full. Motion: Councilman Zinn moved that Resolution No. 84-65 be adopted. Seconded by Councilman Payne. Roll call vote, passed unanimously. A-3. Financial Report - 5/16/65 to 6/15/65 Motion: Councilman Zinn moved that the Financial Report from 5/16/65 to 6/15/65 be approved. Seconded by Councilman Payne. Roll call vote, passed unanimously. A-4. Preliminary Budget Hearing Budget material was projected on a screen and was summarized by Mr. White, starting with anticipated revenue from other than property taxes, and cover- ing each department of City government. Comparative figures were given on tax rates before and after incorporation. Mr. White showed costs of special districts vs. City government. Comparative figures were given on the number of employees in the Fi7e-Departments and Water Districts before and after incorporation. Tax rates in other cities were compared to City of Morro Bay. Police Department personnel, population, and budgets, in other cities were compared to City of Morro Bay. Also given were comparative city budgets and cost per capita. Mr. White listed services to be gained from County Sheriff's Department and District Attorney's office after incorporation. He also mentioned that the city would not have their own library at this time. Mayor Surfluh called attention to the fact that the Council was no longer a neophyte body, now having eleven months experience behind them. He spoke highly of the ability and efficiency of the administrative office in their preparation of the preliminary budget which he felt was designed not only to avoid bankruptcy, but designed also to provide services requested and needed to which constituents were entitled. He also reminded the people r MINUTES - City Council Meeting June 22, 1965 PAGE 3 that the City of Morro Bay was in a unique position due to the legal problems inherited. It was brought out by the Councilmen that much study and research had been done, and that to rely on a forty -cent tax rate would reduce the services of the City below the former County level, whereas incorporation had been voted for to improve services. Mr. Hugh Graham called attention to the fact that the eleven -man police force would include three dispatchers, and Councilman Zinn announced that an emergency telephone number, 772-2222, would be available to the public covering ambulance, fire, police, and service to boats who could reach dispatcher by short wave radio. Howard Darrington, Accountant from PG&E requested adjournment for a week to allow further study of the preliminary budget. No action taken on this request. Other speakers were Mrs. A. J. Barrett, Mr. Donovan, Hugh Graham, Wes Mallery and Joe Giannini, the majority expressing confidence in the present administra- tion. Two additional items of information were that the preliminary assessed valua- tion of PG&E is $40,000,000, and that the tax rate would not be set prior to August 18 when assessed valuation would be available. Motion: Councilman Zinn moved that the preliminary budget be adopted. Seconded by Councilman Payne. Roll call vote, passed unanimously. Councilman Payne asked for a short recess. Meeting reconvened at 9:50 P. M. UNFINISHED BUSINESS B-1. Telegram from Congressman Burt L. Talcott re: appropriation for continuing survey of Morro Bay Harbor. Mr. White read telegram from Congressman Talcott advising that the House Appropriations Committee approved $20,000 for continuing the survey of Morro Bay Harbor improvements. B-2. Letter from Woods Animal Shelter regarding services for 1965-66. Mr. White read letter from Woods Animal Shelter reminding the City that they would no longer furnish animal services as of July 1st. It was explained that an amount for this service had been tentatively set up in the budget and Mr. White recommended that the City Attorney be directed to prepare necessary contract, stating conditions acceptable to the City, and submit to the Shelter for their approval. Motion: Councilman Zinn moved that the City Attorney be directed to draw up a contract acceptable to the City to be submitted to Woods Animal Shelter. Seconded by Councilman Bowen. Passed unanimously. B-3. Authorization to employ part-time summer help. Mr. White explained that'•in line with -the President's Y6uth.Opportunity Campaign, an amount was included in the budget to hire up to six youths, ages 16 to 21, to assist in our weed abatement program, Parks and Beaches, and harbor, at a cost of $600 per student for the summer - $1.25 per hour plus compensation insurance. MINUTES - City Council Meeting June 22, 1965 PAGE 4 Motion: Councilman Payne moved that approval be given to participate in the Youth Opportunity Program and hire up to a maximum of six youths for the summer. Seconded by Councilman Zinn. Passed unanimously. B-4. Notification of approval of grant of funds for Wastewater Treatment Plant. Mr. White read a memorandum notification from the State Water Control Board notifying that Morro Bay was now eligible for certification for a grant of $64,080 to assist in construction of Wastewater Plant. B-5. Harbor Lease - U. S. Coast Guard. Mr. McIntyre stated that the present lease with the Coast Guard expired June 30 and they had tendered a lease to the County. He requested that any action be deferred to give the City Attorneys time to study lease, but meantime to advise the Coast Guard that they should continue leasing on a monthly basis pending establishment of a lease with the City. Motion: Councilman Zinn moved that the City Attorney be directed to write a letter to the Coast Guard stating the facts, and City Attorney be directed to proceed with preparation of a lease document. Seconded by Councilman Crass. Passed unanimously. NEW BUSINESS C-1. Resolution No. 85-65. RESOLUTION APPROVING AGREEMENT COVERING SERVICE RISER PIPE. Service consisted of electric service from a pole underground to restroom by the launching ramp. Mr. White read the resolution. Motion: Councilman Payne moved that Resolution No. 85-65 be approved. Seconded by Councilman Crass. Roll call vote, passed unanimously. C-2. Resolution No. 86-65. RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR CITY OF MORRO BAY SELECT SYSTEM PROJECT NO. 4. Mr. Taylor said that the project consisted of rehabilitation of streets in an area where curbs and sidewalks have been installed by owners. These did not conform to existing street pavement on 8th Street between "C" and Main Streets. It is in the Select System and eligible for use of gas tax funds. He said plans and specifications still had to be approved by the Division of Highways. Resolution would authorize advertising, subject to the approval of plans, and an estimated cost of $7,000, financed 100% through 186.1 of Streets and Highway Code. Mr. White read Resolution No. 86-65 in full. Motion: Councilman Zinn moved that Resolution No. 86-65 be adopted. Seconded by Councilman Payne. Roll call vote, passed unanimously. C-3. Resolution No. 88-65. RESOLUTION GRANTING A VARIANCE TO ROBERT JANDA. Mr. Ned Rogoway told the Council that the Planning Commission had recommended approval of this variance because of similar types of heavy commercial use in the area. Hearing had been advertised and there had been no protests. The building and required number of parking spaces could be established on half of the lot, providing 18 parking spaces whereas only 14 were required. MINUTES - City Council Meeting June 22, 1965 PAGE 5 Mr. White read resolution. The City Attorney suggested a revision of fourth item to make acceptance contingent upon acceptance by the proper city entity. This section was re -written as follows, "steam vents to the outside will be properly baffled and installation will be subject to prior approval of the Building Department." Mr. White read Resolution No. 88-65 in full. Motion: Councilman Zinn moved that Resolution No. 88-65 be approved as amended. Seconded by Councilman Bowen. Roll call vote, passed unanimously. C-4. Resolution No. 89-65. RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO L. E. PALMER. Proposed is an additional two-story duplex located at corner of 7th and Morro Streets. Seven parking spaces are available for the six units. Mr. Rogoway stated that residential use of a C-1 Zoning area required a Condi- tional Use Permit. Permit has been recommended for approval by the Planning Commission. Mr. White read Resolution No. 89-65 in full. Motion: Councilman Bowen moved that Resolution No 89-65 be adopted. Seconded by Councilman Zinn. Roll call vote, passed unanimously. At this point, Mr. Rogoway, who had thought this would be his last meeting with the Council, was advised by Mr. White that his services would be needed for an additional period, until such time as the City's own Planning Depart- ment could be established. Mr. White expressed the City's gratitude for the invaluable assistance given to them by Mr. Rogoway and his staff. C-5. Resolution No. 87-65. RESOLUTION GRANTING PERMISSION TO MORRO BAY LIONS CLUB TO USE CITY PROPERTY. Mr. White read a letter from Russell Goodrich, President of the Lions Club, requesting Use Permit to use Embarcadero site for the club's Gay Way during the Rock-O-Rama, for a period from August 20 to September 12, 1965. Mr. White read Resolution No. 87-65 in full. Motion: Councilman Crass moved that Resolution No. 87=65 be.adopted. Seconded'by Councilman Bowen. Roll call vote, passed unanimously. C-6. Request of R. Kitzman for street abandonment. Mr. White read a letter from Richard Kitzman, Culligan Manager, requesting abandonment of Spencer Drive which adjoined a parcel of land he had purchased. Mr. White drew a sketch of the area and explained that an adjoining lot, owned by another individual, was entirely dependent on Spencer Drive for access. Motion: Councilman Crass moved that the subject of street abandonment in favor of Mr. Kitzman be referred to the Planning Commission for study and recommendation. Seconded by Councilman Zinn. Passed unanimously. C-7. Request of U. S. Coast Guard Reserve for lease of waterfront property. 0 MINUTES - City Council Meeting June 22, 1965 PAGE'6 Mr. White read a letter from the U. S. Coast'Guard Auxiliary requesting a lease on the waterfront site formerly leased by the Lions Club. Motion: Councilman Crass moved that this matter of leasing waterfront property by the U. S. Coast Guard Auxiliary be referred to the Planning Commission for study and recommendations, and to Public Works Department. Seconded by Councilman Payne. Passed unanimously. C•8. Request for street improvements. Mr. White read a letter from Mrs. A. R. Waldron of East Java Street, Morro Del Mar Subdivision, complaining about condition of the streets. He agreed that the streets were in bad condition and stated that steps had been taken to maintain the streets by grading them and filling holes, etc., and also by trying to promote the 1911-1913 Improvement Acts. Petitions and procedures to be followed had been drawn up and an information letter would soon be mailed out covering this subject. C-9. Request for stop sign at 1st and Estero Streets. The letter requesting this action was read by Mr. White and he assured those present that all such matters would be covered in the Planning Study, recommendations would be made, and where feasible, action would be taken. C-10. Request for business license for a produce stand at Atascadero Road and Highway 1. Two temporary produce businesses were covered under this request - a license for Mr. Moore to sell produce from the back of a truck, and a license to Mr. Peterson to operate a seasonal produce stand. Both locations are in the vicinity of Highway 1 and Atascadero Road. Mr. White read a letter from John Peterson setting forth his plans for an attractive stand. Plans had been approved by County and Health Department. He listed solid floor, open display area, short term storage area in rear, new lumber, construction to harmonize with the area, size 24 feet by 24 feet. Planning Commission had waived necessity for curbs and gutters and there was nothing in the business license ordinance to prohibit such a business; City Attorney advised that he did not feel council could deny these two applications under the provisions of existing ordinances. Motion: Councilman Bowen moved that permission be granted to Mr. Peterson subject to Planning Commission recommendations: Seconded by Council- man Payne. Passed unanimously. Motion: Councilman Crass moved that Mr. Moore be required to submit his plot plan for parking to the City Administrator and the .City Attorney for their action. Seconded by Councilman Payne. Passed unanimously. It was the general feeling of the Council that the business license ordinance should be tightened up to close loopholes which allowed substandard businessess in the City of Morro Bay. City Attorney suggested that a committee be formed to study the ordinance to find out the direction the City wished to go in tightening up the ordinance. Motion: Councilman Crass moved that Mayor Surfluh appoint a commission of two to make a study of the business license ordinance, to work with MINUTES - City Council Meeting June 22, 1965 PAGE 7 the City Attorney and City Administrator concerning needed revisions. Seconded by Councilman Zinn. Passed unanimously. Mayor Surfluh appointed Councilman Crass and Councilman Payne to study the ordinance and make their recommendations as required in the motion. C-11. Letter from State Office of Planning re: Planning Conference. Mr. White read letter from State Department of Finance regarding pre -applica- tion conference to discuss procedures to be followed in 701 Planning Program; also a second letter changing time from 11:30 to 9:30 A. M. June 29th. Motion: Councilman Zinn moved that Mayor Surfluh appoint two Councilmen to attend the meeting. Seconded by Councilman Payne. Passed unanimously. Mayor Surfluh appointed Councilman Zinn to accompany him to the meeting. The following meetings were mentioned: Pacific Telephone Company's dinner and presentation for act of heroism by a local citizen, June 25, 6:00 P. M. Mayor Surfluh agreed to attend. Channel Counties Division of the League of California Cities, Thursday, June 24th - Golden Tee. Meeting Wednesday, June 23, in Sacramento, to discuss possible tax cut by Governor Brown. This covered Sen. Sturgeon's proposal for an additional $75,000 in the budget for construction of access to Atascadero Beach State Park which might be cut from the budget. Mr. McIntire was requested to call. James Trynor, State Division of Beaches and Parks, Office of Planning on this matter. Councilman Crass asked Mr. White for procedure for annexation material which Mr. White had available. lie assured Councilman Crass the necessary resolutions would be prepared for setting hearing date at next Council meeting. CORRESPONDENCE Mr. White read the following correspondence: a. Economic Development Committee, San Luis Obispo Chamber of Commerce. Letter stated that there is under discussion a Planning conference for next February. One or more persons were invited to attend a planning meeting as representatives of City of Morro Bay on June 30 at 7:30 P. M. Councilman Crass appointed by Mayor Surfluh to attend. b. Letter from C. J. Reeves and Associates, denying their opposition to the bed tax, as stated in the Sun, and going on record as being in favor of said tax. c. Note from H. F. Slagle and his ballot for a better police department of eleven men. d. Item of information regarding purified water, from anonymous source. e. Letter from Governor Edmund G. Brown regarding Governor's Advisory Committee, Children and Youth Delinquency Prevention Committee. Copy to be made available to Councilmen. MINUTES - City Council Meeting June 22, 1965 PAGE 8 £. Notice of Division of Highways Public Auction of excess land parcel on Las Tunas on June 28 at 11:00 A. M— g. California Disaster Office communication on the requirement of Civil Defense agencies to comply with Civil Rights Act of 1964. h. League of California Cities - two copies of California City Government textbooks to assist local schools in teaching city government. Mr. White requested a minute order. Motion: Councilman Zinn moved that material be forwarded to the local elementary school. Seconded by Councilman Payne. Passed unanimously. Motion: Councilman Zinn moved that correspondence be stamped, 'received' and be filed for public record. Seconded by Councilman Crass. Passed unanimously. ADJOURNMENT Motion: Councilman Payne moved that the meeting be adjourned. Councilman Zinn seconded. Passed. The meeting was adjourned at 11:40 P. M. Recorded by: n W42z, C. Ted White, City Clerk 0 June 15, 1965 9:00 A. M. NOTICE OF SPECIAL MEETING There will be a special meeting of the City Council at 10:00 A. M. at the Morro Bay City Hall, 595 6th Street, Morro Bay, California, on Wednesday, June 16, 1965. AGENDA 1. RESOLUTION AWARDING CONTRACT FOR APPLYING BITUMINOUS SEAL COAT ON VARIOUS STREETS IN THE CITY OF MORRO BAY 2. RESOLUTION APPROVING LEASE AGREEMENT MINUTES - City Council Meeting Special Meeting June 16, 1965 - 10:00 A. M. City Hall, 595 6th Street, Morro Bay Mayor Surfluh called the meeting to order at 10:07 A. M. ROLL CALL Present: Councilmen Bowen, Crass, Payne and Mayor Surfluh Absent: Councilman Zinn MINUTES 1. RESOLUTION NO. 81-659 RESOLUTION AWARDING CONTRACT FOR APPLYING BITUMINOUS SEAL COAT ON VARIOUS STREETS IN THE CITY OF MORRO BAY Mr. White reviewed the actions of the City in recommending approval of the contract mentioned in the aforementioned resolution and the reasons for deferment of motion until this date. Mr. White read the resolution. MOTION: Councilman Payne moved for the adoption of Resolution No. 81-65. Seconded by Councilman Bowen. Roll call vote: AYES: Councilmen Bowen, Crass, Payne and Mayor Surfluh NOES: None ABSENT: Councilman Zinn Passed unanimously by those, Councilmen present. 2. RESOLUTION NO. 82-65, RESOLUTION APPROVING LEASE AGREEMENT Resolution No. 76-65 passed on June 8, 1965 was not acceptable to the lessor because of wording in paragraph 10 of the lease agreement. A revision has been made that is acceptable, consequently, a new resolution is required. Mr. White read the resolution which approves the lease agreement and rescinds the prior resolution. MOTION: Councilman Crass moved for the adoption of Resolution No. 82-65. Seconded by Mayor'Surfluh and passed unanimously by those present. Roll call vote: AYES: Councilmen Bowen, Crass, Payne and Mayor Surfluh NOES: None ABSENT: Councilman Zinn MOTION: Mayor Surfluh entertained a motion to adjourn. Councilman Crass moved that this meeting be adjourned. Seconded by Councilman Payne. Passed. Meeting adjourned at 10:16 A. M. RECORDED BY: C. Ted White City Clerk CITY OF MORRO BAY AGENDA - City Council Meeting June 8, 1965 - 7:30 PM' Morro Bay Recreation Hall Call to order Pledge of allegiance Invocation Roll call MINUTES I. Regular meeting - May 25, 1965. HEARINGS, APPEARANCES & REPORTS 1. Award of contract for street construction, 5th and 6th Streets. 2. Award of contract for street maintenance program. UNFINISHED BUSINESS I. Atascadero Beach State Park. 2. Resolution of Intention to Grant Community Antenna Television Franchise. 3. Resolution Naming Hahn, Wise & Associates, Inc. and Koebig & Koebig, Inc, as Planning Consultants and Approving Agreement. 4. Resolution Relative to Urban Planning Assistance Grant. 5. Resolution Approving Lease Agreement. 6. Harbor leases and use permits.. a. Regal Sea Food Co. b. U. S. Coast Guard NEW BUSINESS I. ORDINANCE NO. 26, AN ORDINANCE CREATING CHAPTER II TO TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED•ABATEMENT OF WEEDS. (One reading only) 2. Resolution Authorizing and Directing the City Engineer to Prepare and File Annual Street Report. 3. Resolution Adopting a Salary Schedule and Position Classifications 4. Letter from County Administrative Officer regarding appointment of a member of the Council to the Economic Opportunity Committee. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT CALENDAR I. Council Meetings: June 22, July 13 and 27. (Budget hearing June 22nd) 2. Planning Commission Meetings: June 15, July 6 and 20 3. Public meeting with representatives of State Department of Water Resources regarding the State Water Project - Morro Bay Veterans Hall, 7:30 PM on June 16, 1965. MINUTES - City Council Meeting June 8, 1965 7:30 P.M. Morro Bay Recreation Hall The City Council meeting was called to order at 7:36 P.M., in the Morro Bay Recreation Hall, with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh Absent: None MINUTES Motion: Mayor Surfluh moved that the reading of the minutes be dispensed with. Mr. Payne seconded. Carried unanimously. Motion: Mr. Zinn moved that the minutes of the regular meeting of May 25th be approved as written. Mr. Bowen seconded. Carried unanimously. HEARINGS, APPEARANCES & REPORTS 1. Award of Contract for Street Construction, 5th & 6th Streets Four bids were received, the low bid of $7701.60 having been submitted by C&S Construction Co. The bid was in order and Mr. Taylor recommended that it be accepted subject to the approval of the Division of Highways. He said that since the bid was in excess of the engineers' estimate the City will need this approved by the Division of Highways. Motion: Mayor Surfluh moved that Resolution No. 71-65, awarding the contract to the C&S Construction Co., be accepted, subject to approval from the Division of Highways. Mr. Payne seconded. Roll call vote, passed unanimously. 2. Award of Contract for Street Maintenance Program. Due to the fact that the City's street maintenance budget was reduced as the result of an error in the original tabulation of. the Division of Highways, upon advice of the City Attorney this item was deferred until a later date. The additional time is required to prepare the necessary revision to the original bids. 3. Hearing on the Preliminary Budget Mayor Surfluh and each of the Councilmen took part in reading a pre- pared statement regarding the preliminary budget and taxes. •It was pointed out that the City receivesmore and better services for less tax cost than it received under County supervision'. Several citizens commented on various aspects'-of'the preliminary budget, among them Mr. Joe Gianinni, Mr. Wes Mallery, Mr. Boyce Brown, Mr. Hugh Graham, Mr. Neil Moses, Mr. Frank Abruscato and Mr. Roy Jonasson. MINUTES - City Council Meeting June 8, 1965 PAGE TWO UNFINISHED BUSINESS 1. Atascadero Beach State Park Mr. Zinn reminded the council that they were pledged by Resolution No. 27-65 to support the position taken by the residents of the Atascadero Beach Subdivision, who were protesting the access route to the State Park facility. Considerable discussion followed re- garding possible methods of protecting the residents from the hazards and nuisances involved in the use of the present proposed access route. On advice of the City Attorney that it is possible to pass oral res- olutions which would take effect immediately, the City Council took action as follows, to remedy the two problems. a. Resolution No. 72-65. RESOLUTION CLOSING CERTAIN STREETS TO VEHICULAR TRAFFIC. Motion: Mr. Zinn moved that Resolution No. 72-65 be adopted with the description as amended. Mr. Bowen seconded. Roll call vote, passed unanimously. b. Resolution No. 73-65. RESOLUTION PROHIBITING THE USE OF PARTICULAR STREETS BY CERTAIN VEHICLES. Motion: Mr. Zinn moved to adopt Resolution No. 73-65. Mr. Payne seconded. Roll call vote, passed unanimously., C. Resolution No. 74-65. RESOLUTION TO CALL A PUBLIC HEARING ON JULY 13, 1965. Motion: Mr. Zinn moved that Resolution No. 74-65 be adopted. Mr. Bowen seconded. Roll call vote, passed unanimously. 2. Resolution No. 75-65. RESOLUTION DECLARING INTENTION TO GRANT COMMUNITY ANTENNA FRANCHISE TO CENTRAL CALIFORNIA COMMUNICATIONS CORP. UNDER THE PROVISIONS OF THE FRANCHISE ACT OF 1937. Mr. White stated that the City Attorney has advised the Council to handle this Cable TV franchise in the same manner as a Utility franchise. He read a letter to the Council from Central California Communications Corp. in which they make application to the City of Morro Bay for a twenty year franchise.with the City. Minute order called for. Motion: Mr. Crass moved that the application as stated above be accepted by the Council. Mayor Surfluh seconded. Passed. Mr. White read Resolution No. 75-65 in full. Motion: Mr. Zinn moved that Resolution No. 75-65 be adopted. Mayor Surfluh seconded. Roll call vote, passed unanimously. 0 16 MINUTES - City Council Meeting June 8, 1965 PAGE THREE UNFINISHED BUSINESS - Continued 3. Resolution Naming Hahn, Wise & Associated, Inc. and Koebig & Koebig, Inc. as Planning Consultants and Approving Agreement. This item was deferred until a later date. 4. Resolution of the City Council of the City of Morro Bay, State of California Relative to Urban Planning Assistance. Mr. White read this resolution in full and added as an item of infor- mation that the Planning Commission passed Resolution 2-65 recommending the adoption of this particular program. Motion:. Mayor Surfluh moved that this resolution be adopted. Mr. Crass seconded. Before the roll call vote was taken, Mr..Mclntire gave several,reasons why he considered it unwise to,pass upon this matter at this time., He recommended that further consideration be given to the General Plan as submitted by Hahn, Wise and Associates. This action would not in any way hold up the 701 program, as it is necessary first to set up a conference with the State Department of Planning, which will then determine the time and method of making application, therefore there is no urgency about passing this resolution, which is in effect an application to the State Department of Planning.' Mr. McIntire felt that it would be appropriate to have a joint meeting of the Planning Commission, the City Council and the City Attorney to go into this General Plan further. Mr. White explained that it is vital that the City be placed on the State's priority list as there will be a six to eight months wait,, so it was deemed necessary to proceed at once with this resolution. Motion Withdrawn: Mayor Surfluh withdrew the motion to adopt.the resolution relative to Urban Planning Assistance Grant. Mr. Crass also withdrew his second to the motion. Action on this matter deferred till a later meeting. Mr. White requested a minute order authorizing the City Clerk to request a conference with the State Department of Planning.. Motion: Mr. Crass moved that the City Clerk be authorized to request a conference on the comprehensive planning study with the State Department of Planning. Mr. Bowen seconded; Passed unanimously. 5. Resolution No. 76-65. RESOLUTION APPROVING.LEASE AGREEMENT Mr. White read this resolution approving a lease agreement between the City of Morro Bay and John G. Fox, in full. Motion: Mayor Surfluh moved to adopt Resolution No. 76-65. Mr. Zinn seconded. Roll call vote, passed unanimously. 0 i MINUTES - City Council Meeting June 8, 1965 PAGE FOUR UNFINISHED BUSINESS —Continued 6. Harbor Leases and Use Permits. a. Resolution No. 77-65. 'RESOLUTION APPROVING GRANT OF USE PERMIT TO REGAL SEA FOOD COMPANY. Mr. White read this resolution in full. Motion: Mr. Zinn moved to adopt the resolution. Mr..Payne seconded. Roll call vote, carried unanimously. b. This item, regarding the renewal of U.S. Coast Guard Pease, deferred until June 22, 1965. At this point Mr. Payne requested Mayor Surfluh to call a recess as it was past 10 o'clock. Mr. Surfluh called a recess at 10:10 P.M. Meeting reconvened at 10:23 P.M. NEW BUSINESS 1. Ordinance No. 26. AN ORDINANCE CREATING CHAPTER II TO TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED ABATEMENT OF WEEDS. This is an emergency ordinance and requires only one reading.. Mr. White read the ordinance in full. Motion: Mr. Bowen moved to adopt Ordinance No. 26. Mayor Surfluh seconded. Roll call vote, passed unanimously. 2. Resolution No. 78-65. RESOLUTION AUTHORIZING AND DIRECTING THE CITY ENGINEER TO PREPARE AND FILE ANNUAL STREET REPORT. Mr. White read the resolution in full. Motion: Mr. Zinn moved to adopt Resolution No. 78-65. Mr. Payne seconded. Roll call vote, passed unanimously. 3. Resolution No. 79-65. RESOLUTION ADOPTING A SALARY SCHEDULE AND POSITION CLASSIFICATIONS, ASSIGNING CITY EMPLOYEES TO CLASSIFICATIONS AND SALARY STEPS WITHIN THE RESPECTIVE RANGES 3 "OF THE SALARY SCHEDULE, DESCRIBING METHODS OF ADVANCEMENT AND REPEALING PREVIOUS SALARY SCHEDULES. This resolution contained several lengthy tabulations and copies of it had been distributed to the various local news media as well as to the Mayor and each Councilman, so it was recommended that the read- ing be dispensed with. Mr. White said he had added one section that will allow the City to hire Youth Corps Workers for part time employment during the summer months, at $1.25 an hour the first year, and $1.50 per hour the second year, which is the prevailing rate. MINUTES - City Council Meeting June 8, 1965 PAGE FIVE NEW BUSINESS - Continued Motion: Mr. Payne moved that the reading of this resolution be dispensed with. Mr. Zinn seconded. Roll call vote, passed unanimously. Motion: Mr. Payne moved that Resolution No. 79-65 be adopted. Mr. Zinn seconded. Roll call vote, passed unanimously. 4. Letter from County Administrative.Officer regarding appointment of a member of the Council to the Economic Opportunity Committee. The letter stated that the Board of Supervisors has formed a Community Action Committee as an advisory group to screen proposed projects to be implemented under the Economic Opportunity Act in the San Luis Obispo County Area, and representatives of the incorporated cities in the County were to be appointed to the Committee. Councilman Payne, who stated his interest in this Economic Oppor- tunity Committee, introduced Mr. Dick Lutz. Mr. Lutz, he said, is a member of this community who is also very much interested in this phase of community affairs. He is a supervising social worker in the boys school at Paso Robles and has a master s degree in social work. He has been active in many community activities and has in- dicated a willingness to assume the responsibility of representing this City on the Community Action Committee in San Luis Obispo. Mr. Zinn brought up the question of the appointment of someone who was not on the City Council, since the letter from the County Admin- istrative Officer specified Councilmen. Mr. White replied that there was no limitation in the request requiring that only one man be appointed. Minute order called for, to make the appointments. Motion: Mr. Zinn moved that Councilman Payne and Mr. Lutz be appointed as Morro Bay's representatives to the Economic Opportunity Committee formed by the Board of Supervisors of San Luis Obispo. Mayor Surfluh seconded. Passed unanimously. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City•Attorney Mr. Zinn made request of the City Clerk that some sort of code be applied to the various papers distributed to the Councilmen relating to the business of the Council Meetings so that they might have „things in chronological order. Mr. White agreed to do this. Mr. McIntire then brought up the matter of Green -West Acres, and their arrangement with the County regarding their tenancy of the Sandspit, and the deferment of rent payments as a result of the litigation which prevents their occupancy or development of•the•Sandspit as they had planned. He said that the Council had been requested by letter from Mr. Houser, their Attorney, to further extend this rental deferment. He further stated that it is appropriate for the Council to -.consider this tonight. The Council should consider this matter carefully, so that if MINUTES - City Council Meeting June 8, 1965 PAGE SIX TIME RESERVED FOR INDIVIDUAL ACTION - Continued they should decide to extend this deferment of rent, they will not obligate the City in any way, nor waive any rights of the City. Mr. McIntire submitted a resolution for Council action, which would defer the rent due from Green -West Acres for another six months rather than another year. The City Attorney recommended that•the City maintain the status quo, thus allowing the City Council and the City Attorney time to accumulate more information on previous lease policies. After some discussion it was decided to hear the resolution prepared by Mr. McIntire on this subject. Resolution No. 80-65. RESOLUTION RELATING TO MORRO BAY LEASE SITE NO. 300. Mr. White read the resolution in full. Motion: Mayor Surfluh moved that Resolution No. 80-65 be adopted. Mr. Bowen seconded. Roll call vote, passed unanimously. CORRESPONDENCE Summary of correspondence is attached to and made a part of these minutes. Mr. White read the following correspondence: a. Letter re Youth Opportunity Campaign - Open letter to employers requesting that they employ as many 16-21 year old youths during the summer as possible. b. Letter from Leila H. Kaiser containing suggestions for Council action to keep the public better informed before decisions are made,so that the public might take more part in City government. C. Letter from the Planning Department relating to County policy in regard to the 1911, 1913 and'1915 Assessment District Act concerning Subdivisions. Mr. White is forwarding the above listed item"c" to the 'Morro Bay Planning Commission for their study and recommendations. Motion: Mr. Zinn moved that the correspondence be marked received and filed. Mayor Surfluh seconded. Passed unanimously. ADJOURNMENT There being no further business before the Council, Mayor Surfluh entertained a motion to adjourn. Motion: Mr. Crass moved that the meeting be adjourned. Mr. Zinn seconded. Passed. The meeting was adjourned at 11:08 P.M. Recorded by: C ` ;wa C. Ted White, City Clerk 6 MINUTES - City Council Meeting Adjourned Session May 28, 1965 - 10:00 a.m. City Hall, 595 6th Street, Morro Bay Mayor Surfluh called the meeting to order at 1:15 p.m. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh Absent: Councilmen none MINUTES Mayor Surfluh informed those present that this meeting was called for a budget study session. to review the preliminary budget for fiscal year 1965-66. He asked the Administrator to inform the Council of the costs involved in establishing our own Planning Department. Mr. White presented the Council with work sheets showing a comparison of costs of performing this function at the City level and by contract with the County. After lengthy discussion. the following motion was made: Motion: Mayor Surfluh moved that the Council adopt the pro- posed plan by including the planning function in the preliminary budget. Councilman Crass seconded the motion . ROLL CALL VOTE AYES: Councilmen Bowen, Crass, Payne and Mayor Surfluh NOES: Councilman Zinn The preliminary budget, as revised, was reviewed further. Motion: Mayor Surfluh moved to adopt the preliminary budget as revised. Seconded by Councilman Bowen. Passed unamimously. Motion: A motion was made by Council Bowen that the City Administrator prepare the necessary salary resolution in. conformance with the position classification and salary schedule proposal as submitted to the Council and as required for the preliminary budget. Seconded by Councilman Payne. Passed unanimously. Motion: Mayor Surfluh entertained a motion to adjourn. So moved by Councilman Crass, seconded by Councilman. Payne. Meeting adjourned at 11:20 a.m. Recorded by: n.e-:Z� �lL. C . Ted Whi e City Clerk CITY OF MORRO BAY AGENDA - City Council Meeting May 25, 1965 - 7:30 PM Morro Bay Recreation Hall Call to order Pledge of allegiance Invocation Roll call MINUTES 1. Adjourned session - May 1, 1965 2. Regular meeting - May 11, 1965 HEARINGS. APPEARANCES & REPORTS 1. Hearing - Improvement District No. 1 2. Financial Report - 4/16/65 to 5/15/65 UNFINISHED BUSINESS 1. ORDINANCE NO. 24, AN ORDINANCE CREATING AND ADDING SECTION 4404 TO DIVISION 3, PART IV, CHAPTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE (Second reading) 2. ORDINANCE NO. 25, AN ORDINANCE AUTHORIZING A CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF MORRO BAY AND THE BOARD OF ADMINISTRATION -OF THE CALIFORNIA STATE EMPLOYEESi RETIREMENT SYSTEM (Second reading) 3. Letter from Motel owners regarding initiative petition 4. Morro Bay Harbor a. Budget transfer b. Operation report c. Other business NEW BUSINESS 1. Central California Communications Corporation Regarding Cable Television 2. Police Department a. Budget transfer b. Resolution Approving Lease Agreement 3. RESOLUTION APPROVING ELECTRIC EXTENSION AND SERVICE AGREEMENT - WASTEWATER TREATMENT PLANT 4. RESOLUTION ADOPTING BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES 5. RESOLUTION ACCEPTING.DEED FROM THE STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS AND ORDERING RECORDATION 6. RESOLUTION COMMENDING AN ACT OF HEROISM CITY OF MORRO BAY AGENDA - City Council Meeting May 25, 1965 Page 2 7. Proclamation - June Dairy Month - 1965 8. Proclamation - Poppy Sale - American Legion and Veterans of Foreign Wars 9. Planning Commission a. Resolution Granting A Lot Split To John 0. Horton TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings - June 8 and June 22, 1965 2. Planning Commission Meetings - June 1 and June 15, 1965 MINUTES - City CouncilOMeeting May 25, 1965 Morro Bay Recreation Hall The City Council meeting convened at 7:35 P.M. in the Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Zinn and Mayor Surfluh Absent: Councilman Payne 7:38 P.M. - Councilman Payne arrived. MINUTES Motion: Mayor Surfluh moved that the reading of the minutes of the adjourned meeting of May 1st be dispensed with. Mr. Bowen seconded. Passed unanimously. Motion: Mr. Zinn moved that the minutes of the meeting of May 1st be approved as written. Mr. Bowen seconded. Passed unan- imously. Motion: Mr. Zinn moved that the reading of the minutes of the regular meeting of May llth be dispensed with. Mr. Bowen seconded. Passed unanimously. Mr. Zinn pointed out an error on the first page of the minutes of May 11, wherein the motion made by Mr. Payne to accept the recommendation of the Planning Commission, did not indicate a second to the motion. The minutes should be corrected at that point to read, "seconded by Mr. Zinn." Motion: Mr. Zinn moved that the minutes of May llth be approved as corrected. Mayor Surfluh seconded, passed unanimously. HEARINGS, APPEARANCES & REPORTS Mayor Surfluh introduced Chief William Holeman to the assembly and welcomed him to the Municipal Family. Mr. White asked that Art Hapgood of the Central California Communications Corporation be allowed to speak at this time, rather than later in the meeting, in order to facilitate their early departure. Mr. Hapgood introduced two gentlemen who had fIown in from Salinas to attend this meeting in the event that any technical questions might arise; Mr. Bill Margan, Director of Engineering, and Mr. Les Johnson, Director of Operations for Central California Communications Corp. Mr. Hapgood then spoke briefly on the history of the Cable TV's start in this area under a`permit from the County, and it is now necessary to change from a County Permit to a City Franchise, so they have submitted an ordinance to the City Attorney for his examination and consideration. He stated that the City is not now receiving any income from Cable TV subscriptions, when in fact they ought to be receiving a percentage of the Morro Bay collections each month, as other communities do where Cable TV operates. MINUTES - City Council Meeting May 25, 1965 PAGE TWO HEARINGS, APPEARANCES AND REPORTS - Continued Mr. Hapgood further stated that the system in Morro Bay is one of the best in the Country and will meet the standards and specifications of any ordinance in the United States. It was one of the first all -band television systems to be installed anywhere in the United States and this system is capable of 12 channels of television, color, and the, broadcasting of FM sound over it. This gives the people of Morro Bay more television than is available in Fresno, Sacramento, Oakland or San Francisco. TV is now being brought in to Morro Bay over greater distances than any other system in California. He pointed out, however, that this system is a very expensive one to operate, and will become more so when the FCC grants permission to add to the existing microwave complex. This will increase the cost to the company, however, this cost will not be passed on to the customer. There should be no com- plications in moving from a County permit to a City franchise, since the company is already in operation here, he stated. Mayor Surfluh asked if UHF would supply better pictures than the present VHF delivery. Mr. Hargan replied that the Cable TV system is not capable of delivering UHF, and there is no possibility of this cap- ability in the offing. UHF channels are presently being converted to VHF in order to carry them on the Cable. r Mr. Payne asked of there is any one in attendance when the Cable office is closed. Mr. Hargan replied that there is an answering service, and he believes that the ordinance they had submitted spelled out that there is to be 24 hour service at all times, even if the office is closed. Mr. Hapgood asked if it would be possible to have the ordinance in effect on July 1st, the start of the City's fiscal year. Mr. McIntire said that to allow 30 days after the two required readings. -would -not allow the ordinance to become effective on July 1st even if acted upon at this hearing. In reply to Mr. Hapgood's question as to what kind of action could be inaugurated tonight, Mr. McIntire said that this is a franchise ordinance and it does have terms, conditions, fees, rates, etc., which ought to be reviewed carefully by the Council. We would recommend that the procedure to be followed be the same as that to be followed in granting a Public Utility Franchise, though the City realizes that Cable TV is not a Public Utility. First, a Resolution of Intent to Grant a Franchise; a Hearing; subsequently the first and second reading of the franchise, which will probably run into August. Mr. Hapgood has pointed out that the City revenue will begin when the Franchise takes effect and there is no need for proceding with any urgenc in this matter. For Cable TV to continue operating in the City without. a franchise does not mean that they are in violation of any law, as the permit issued by,,the County is valid until action is taken by the City Council. Motion: Mr. Zinn moved that the City Attorney be directed to draw a resolution of intent for granting a franchise for Cable TV, for reading at the next regular meeting. Seconded by Mayor Surfluh. Passed unanimously. MINUTES - City Council Meeting May 25, 1965 PAGE THREE HEARINGS. APPEARANCES & REPORTS - Continued 1. Improvement District No. 1 Mr. Sam Taylor, City Engineer, and Mr. John Den Dulk who represents the special bond counsel for this Improvement District, were called upon by Mr. White to present this matter to the assembly. Mr. Taylor said that due to the lowest bid being higher than the engineer's estimate, it would be necessary to follow an amended estimate and report. Whether: we want to do this now is something that will have to be determined, he said. Mr. White read a letter from the County Road Commissioner, Richard Gallagher who stated that the construction bid will probably neces- sitate an upward revision of the County's assessment, and added that any trees that did not interfere with construction or do any damage to curbing should not be removed as that would unnecessarily increase the assessment cost. Mr. Taylor said that the low bidder had agreed to negotiate a reduction in his bid according to the number of trees that would have to be removed, but that at this time it was not known how many trees would be damaged by the excavation, however, no unnecessary tree removal would take place, so that there was no conflict with the remarks made in the County's letter. Mr. Jack Youngs appeared as Trustee of the Bali Hi Apartments which are under foreclosure and said that the final foreclosure is to be June loth, and requested that the hearing be continued after that date. Mr. Den Dulk said that if the Council wishes to continue this matter after that, he had prepared an alternate resolution and he read the resolution to the Council. Motion: Mr. Zinn moved to adopt Resolution No. 65-65. Seconded by Mayor Surfluh. Roll call vote, passed unanimously. 2. Financial Report, 4/16/65 to 5/15/65. Minute action required. Motion: Mayor Surfluh moved that the Financial Report be approved as presented, and filed. Mr. Payne seconded. Passed unanimously. 3. Mr. Don Quinsey appeared to protest a charge of $100 a day for a license to operate a few small amusement concessions as a Super- market promotion for a few days, on the grounds that the $100 charge was for a Carnival, and he does not run a carnival, that he could not afford such a charge, that he is a reputable business man and most cities charge him from $10 to $30 a day. Mr. White and Mr. McIntire conferred together and determined that this could come under the classification of 'Merry-go-round, Ferris Wheel" and thus the license would run the operator $10 per day. This deter- mination was satisfactory to all concerned. MINUTES - City May 25, 1965 PAGE FOUR Council Meeting UNFINISHED BUSINESS 1. Ordinance No. 24. AN ORDINANCE CREATING AND ADDING SECTION 4404 TO DIVISION 3, PART IV, CHAPTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE (Second reading) Motion: Mr. Payne moved to read Ordinance No. 24 by title only. Seconded by Mayor Surfluh. Roll call vote, passed unanimously. Mr. White read Ordinance No. 24 by title only. Motion: Mr. Payne moved to adopt Ordinance No. 24. Mr. Crass seconded. Roll call vote, passed unanimously. 2. Ordinance No. 25. AN ORDINANCE AUTHORIZING A CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF MORRO BAY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA STATE EMPLOYEES' RETIREMENT SYSTEM. (Second reading.) Motion: Mr. Payne moved to read Ordinance No. 25 by title only. Mr. Zinn seconded.. Roll call vote, passed unanimously. Mr. White read Resolution No. 25 by title only. Motion: Mr. Zinn moved that Ordinance No. 25 be adopted. Mayor Surfluh seconded. Roll call vote, passed unanimously. 3. Mr. White read a letter from certain motel owners regarding an initiative petition the City had received, regarding the adoption of an ordinance preventing the passage of a bed tax ordinance. Mr. McIntire was asked to comment on this, and he said that it is the City Attorney's opinion that attempts to vitiate this Ordinance is an improper extension of the initiative powers of the people, and is therefore, not binding upon the Council to take any action in the matter. Motion: Mayor Surfluh moved that the letter be marked received and filed. Mr. Zinn seconded. Passed unanimously. 4. Morro Bay Harbor a. Budget Transfer Minute action was required for transfer of funds needed to finance the Harbor Department for the remainder of the fiscal year. Motion: Mayor Surfluh moved that the Council authorize the transfer of funds as indicated. Mr. Payne seconded. Passed unan- imously. A copy of the budget transfer to be attached to and become a part of these minutes. I MINUTES - City Council Meeting May 25, 1965 PAGE FIVE b. Operation report. Mr. White informed the Council that operations at the Harbor were continuing without interruption, and asked Joe Spellacy to give a more detailed report of his department's activities at the Harbor. Mr. Spellacy reported that no problems had arisen and business was going on as usual. We have been in constant contact with the Corps of Engineers, he said, and with Bill Godwin who is the project leader for the Review of Reports for Morro Bay. Mr. Godwin is under the Chief of Navigation, Mr. Glen Ward. Mr. Roger Williams, the Project Engineer will be here at Morro Bay this Thursday and he will go over the whole project with us and let us know if there is anything more we might be doing, but as of now everything is going very well. C. Other business Mr. McIntire was then asked to review the legal ramifications of the City's take-over of the Harbor facilities, and he read a four -page report, a copy of which is attached to and made a part of these minutes. Mr. Joe Giannini, President of the Greater Morro Bay Harbor Improvement Association, was recognized from the floor and said that he could not understand the County s record and behavior in their relations with our City in this matter. He added that it would seem that the County has something to hide. He further stated that he thinks the City must pursue this distressing course to its fullest limits. We cannot, and should not inherit mistakes or wrong doing, nor compound such things by looking the other way; he=said. He added that he was there when the District Attorney said the City would have the records when the City took over, so he wished the County would tell us why they do not agree to give us these documents. We have paid this bill and we do not want to pay it again. Mr. McIntire replied that the City had made the demand of the County for the pertinent data, and had received a reply stating that as long as the City persists in its present course, that is, of holding the County responsible for County responsibilities, they will not release this material to us. We hope to persuade the District Attorney to modify his attitude in this regard, without having to go through a great deal of time-consuming and expensive legal action in order to obtain that which legally belongs to the City of Morro Bay. NEW BUSINESS Since No. 1 was taken up as the first item under Hearings, Appearances and Reports, the Council proceeded with item No. 2. 2. Police Department a. Budget transfer Mr. White referred to the same financial report acted upon before, and pointed out that there would be need of transfer of funds to the General Fund for financing the Police Department also. MINUTES - City Council Meeting May 25, 1965 PAGE SIX NEW BUSINESS - Continued Motion: Mr. Payne moved that this transfer of funds be made for the operation of the Police Department. Mr. Zinn seconded. Passed unanimously. A copy of the Budget transfer to be attached to and become a part of these minutes. b. Resolution approving lease agreement Mr. White pointed out that a resolution is not needed until the lease is drawn up, but we do need approval of the terms and conditions in the letter of agreement by and between the City and Mr. Fox. Motion: Mayor Surfluh moved that the Council approve the letter agreement dated May 20th. Mr. Zinn seconded. Passed unanimously. 3. Resolution No. 66-65. RESOLUTION APPROVING ELECTRIC EXTENSION AND SERVICE AGREEMENT - WASTEWATER TREATMENT PLANT. Mr. White read the resolution in full. Motion: Mr. Zinn moved that Resolution No. 66-65 be adopted. Mr. Payne seconded. Roll call vote, passed unanimously. 4. Resolution No. 67-65. RESOLUTION ADOPTING BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES. Mr. White read the resolution in full. Motion: Mr. Zinn moved that Resolution No. 67-65 be adopted. Mr. Payne seconded. Roll call vote, passed unanimously. 5. Resolution No. 68-65. RESOLUTION ACCEPTING DEED FROM THE STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS AND ORDERING RECORDATION. Mr. White read the resolution in full. Motion: Mr. Crass moved that Resolution No. 68-65 be adopted. Mr. Zinn seconded. Roll call vote, passed unanimously. 6. Resolution No. 69-65. RESOLUTION COMMENDING AN ACT OF HEROISM This resolution commending the act of Ralph Villers, resident of Morro Bay, who saved the life of an injured motorist and was awarded the Vail Bronze Medal, the highest award the Pacific Telephone Company awards it's employees for outstanding and courageous deeds, was read in full by Mr. White. Motion: Mr. Bowen moved that Resolution No. 69-65 be adopted. Mr. Payne seconded. Roll call vote, passed unanimously. MINUTES - City May 25, 1965 PAGE SEVEN Council Meeting NEW BUSINESS - Continued 7. Proclamation - June Dairy Month - 1965 This Proclamation was read in full by Mr. White, and Mayor Surfluh indicated that he will sign said proclamation. 8. Proclamation - Poppy Sale - V.F.W and American Legion This Proclamation was read in full by Mr. White, and Mayor Surfluh indicated that he will sign said proclamation. 9. Planning Commission a. Resolution No. 70=65. RESOLUTION GRANTING A LOT SPLIT TO John 0. Horton The resolution was read in full by Mr. White Motion: Mr. Zinn moved to adopt Resolution No. 70-65. Mayor Surfluh seconded. Roll call vote, passed unanimously. 10. Mr. White brought out the fact that in assuming the control of the Morro Del Mar Fire district when the City was incorporated, a previous debt had been assumed by the City with a balance remaining to be paid in three years. If the balance were paid in full at this time, the City would save $916.41. We are in a position to pay this bill if the Council will authorize a transfer of $12,262.86 from the reserve to the general fund for this purpose, Mr. White said. Motion: Mayor Surfluh moved that these funds be transferred in the amount of $12,262.86, and the indebtedness paid in full. Mr. Crass seconded. Passed unanimously. TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney Joe Gianinni rose at this time and brought up the question of what had been done by the Council in respect to Mr. Monte Young. Mr. White replied that steps have been taken, and that the City will be able to contact Mr. Young some time next week, though they are not prepared to at this time. Mr. Hugh Graham then rose to protest the Section of the City Licensing Ordinance that requires him to buy two licenses in order to run Graham's Landing, a Charter -boat operation, and his restaurant, which serves the public. His contention is that both are one business. He takes the position that both are services and the two services are a part of one business. He added that he could see the point,p.of two licenses if one was a service and one a retail business. Some discussion followed this, all in disagreement with Mr. Graham, and Mayor Surfluh asked the City Attorney to give an opinion on this. Mr. McIntire saidt that the Ordinance does mean precisely what it says and it applies to Mr. Graham. He does have two businesses. He has a landing, and he has a restaurant, and these two are not even closely enough related that any serious question could be raised that they are the same business. MINUTES- City Council Meeting May 25, 1965 PAGE EIGHT Mr. McIntire added that the Ordinance provides for appeals for grieved individuals. The tax -payer first pays his license fee, then he appeals. A letter is sent to the City Clerk and referred to the City Council and the appeal is heard and passed upon. Following this, if he still remains dissatisfied, the decision of the Council is reviewable in Court. This ought to be the way this matter is handled. CORRESPONDENCE Summary of Correspondence is attached and made a part of these minutes. Item number three, a letter from Philip Bettencourt, in reference to the City's appointment of William Holeman as Chief of Police, was read in full by Mr. White. He also brought to the Council's attention Item number 4, Notice of Hearing. Motion: Mr. Zinn moved that the correspondence be marked received and filed. Mr. Bowen seconded. Passed unanimously. ADJOURNMENT Mayor Surfluh asked if the budget study set for 1 P.M. on Friday the 28th could be set for 10 A.M. All agreed they would prefer that time. Motion: Mr. Zinn moved that this meeting be adjourned to an adjourned session Friday morning, May 28th, at 10 A.M. for a budget study, at City Hall. Mr. Payne seconded. Passed unanimously. Meeting was adjourned at 9:17 P.M. Recorded by: 0, . ;rd�)V %Jkz_ C. Ted White City Clerk SUMMARY OF CORRESPONDENCE - City CouncilMeeting May 25, 1965 1. County'of San Luis Obispo, Board of Supervisors Board Orders: No. 8, re: Improvement District No. 1, Morro Bay 23; re: Alternate Route to Atascadero State Beach 62, re: Lease Sites 73 and 73-W 1}9, re: Lease Sites 82 - 85 61, re: Lease Sites 82 - 85 64, re: Lease Sites 73 and 73-W 2. League'of California Cities Sixth,Legisiaiive Digest to all Mayors, Attorneys, Managers and Clerks. 3. Letter from Philip F. Bettencourt-, Administrative Aide of the City of Seal Beach expressing pleasure of the writer at the City of Morro Bay's appointment of William Holeman as Chief of Police. 4- Notice of Hearing regarding Annexation of Territory of City of Morro Bay;'§ent from the San Luis Obispo'County Local Agency Formation. Commission. 5. Letter from Division of Highways enclosing tabulations showing Status of Gas Tax Funds available to the City of Morro Bay as of May 14, 1965. 6. Letter,from the Mayor's office in Montreal, Canada, signed by Charles Roy, informing the City of Morro Bay that'..the City will be receiving a copy of the monthly review "Montreal 165" as part of a promotion on the -part -of the City of Montreal to acquaint United States Citizens with the tourist attractions offered there. , 7. Letter from Elmer L. Crouch of Morro Bay V.F.W. Post 7038, asking permission to sell paper poppies in Morro Bay just before Memorial Day. 8. Letter from Lee Balatti, Manager of Pacific Telephone, in regard to their disposition of Attorney McIntire's letter to them concerning the Morro Bay Business License Tax. 9. Letter from Einer A. Ulricksen, Adjutant of the Humboldt County Council of the American.Legion thanking the Citizens of Morro Bay for their help after the recent flood disaster in their district. 10. Letter from Assemblyman Winfiedl A. Shoemaker enclosing a copy of Assembly Bill 2785 designed to help in the proper planning of subdivisions, and asking suggestions be forwarded,to him after the bill is analyzed. 1:1'.'� Letter from Vere A. Wood of Estero Bay Gem and Mineral Club, Inc. requesting that they be allowed to place directional signs at several intersections in Morro Bay to direct visitors to their show at the Veterans Memorial Hall on June 26th and 27th. j CITY OF MORRO BAY Morro Bay, Calif. May 25, 1965 To: City Council 1 City of Morro Bay Subject: Request for Transfer of Funds. In order to operate the Harbor Department aid the Police Department for the balance of this Fiscal Year ending June 30, 1965 the following are j estimates of Funds needed: . 1 Police Dept. Bldg. $ 3500.00 to 1600-32 Improvements Police Dept. Capital 15000.00 to 2500-33 Capital Police Dept. Salaries 3300.00 to 2500-01 Permanent Employees Police Dept. S & S1000.00 to 2500- Utilities, Rent, Supplies I Harbor Dept. Salaries 1500.00 to 3700-01 Permanenti.Employees j Harbor Dept. S & S 2000.00 to 3700- Utilities, Supplies, etc. Total $ 26300.00 I • As no funds have been allocated to these departments previously it is i requested that the above amount be transferred from the Unbudgeted reserve. Unbudgeted Reserve,.as of 5/25/65 $ 71E40:00 ! Amount of this request 26300:00 Balance $ 55 -00 Due to the fact that the revenue will greatly exceed estimated income it appears that the balance carried over as of June 30, 1965 will be in excess of $100,000.00 after approval of the above request. 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L 9 R OO G'-U N y ;. d d'^ U V ... y� r J E d N r C L' nF �- « p ._ _ C m N> �V R :j V: C S C •� U <1 C .0 r «n P. b.0 � R G. R r R L? � d _r_ R^ O R S« U O E r r al 'oE y'.5oo`°d%n _ ..... _ .. .. ^r' S' c:'� ...• I �:'Ai : u :5 p d a .c a `° = o n °1 « °J. °: ,,RL, r {op ram• o � .c R t . YY,.�ryya. It ♦. �w...w: "ti q,�.V i�,.'i.,C �^ w v-..t � RHO � '��. �l�Y,/4"f'fe•r-Or-1�.y._,p .nC- � I NOTICE OF SPECIAL MEETING There will be a special meeting of the City Council at 1:00 P.M. at the Morro Bay Recreation Hall, 7th and E Streets, Morro Bay, California, on Ftiday, May 21, 1965. AGENDA 1. Budget Study J. S. Surf h, Mayor MINUTES - City Council Meeting Special Meeting May 21, 1965 - 1:00 p.m. Recreation. Hall, 7th & E Streets, Morro Bay Mayor Surfluh called the meeting to order at 1:15 p.m. ROLL CALL: Pre:s6nt: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh Absent: Councilmen - none Mayor Surfluh stated that the purpose of this meeting was to further study the proposed preliminary budget. Mr. White asked that Chief Holeman be heard in regards to personnel requirements for the Police Department. Chief Holeman fully explained the need of adequate numbers of police officers and-rdcoriimended the.'hiring-.d'f fifteen (15) officers to afford the best degree of police protection. Discussion was held at length regarding this request and it was mutually agreed that only eleven (11) police officer positions be included in the preliminary budget. Further study and discussion relative to all departments was held, consideration being given to salaries and employee benefits; maintenance and operation; and to capital expenditures. Motion: Councilman Payne moved meeting be adjourned, seconded by Councilman Zinn., passed unanimously. Meeting adjourned at 4:15 p.m. Recorded by: C. Ted White City Clerk MINUTES - City Council Meeting May 14, 1965 9:00 A.M. This meeting was called by Mayor Surfluh to discuss with the City Attorney's office current litigation involving Morro Bay tidelands and non -grant property. Mayor Surfluh called the meeting to order at 9:07 A.M.. ROLL CALL Present: Councilmen Crass, Payne, Zinn, Bowen F, Mayor Surfluh Absent: None The City Attorney gave a general review of the tidelands liti- gation and the series of events leading up to todays meeting. He outlined a course of action to pursue in the Harbor area and recommended its adoption by the City Council. General dis- cussion was had by all those present regarding the recommended procedures and the following action was taken. Resolution No. 61-65. RESOLUTION RELATING STATETO R TIES Resolution No. 61-65 was read in its entirety by Councilman Zinn. MOTION: Councilman Crass moved for the adoption of Resol- ution No. 61-65. Mayor Surfluh seconded. Roll call vote, passed unanimously. Resolution No. 62-65. RESOLUTION DECLARING COUNTY'S INT_E_R1=N PROPERTIES IN AND AROUND MORRO BAYHARBOR WITHIN THE MORRO BAY CITY 'LIMITS TO BE TRANSFERRED TO AND VESTED IN THE CITY OF MORRO BAY. Resolution No. 62-65 was read in its entirety by Councilman Zinn. MOTION: Councilman Zinn moved for the adoption of Resolution No. 62-65. Seconded by Mayor Surfluh. Roll call vote, unanimously passed. Resolution 63-65. RESOLUTION DECLARING COUNTY'S TITLER 0 AL PROPERTY TO BE TRANSFERRED TO AND VESTED IN THE CITY OF MORRO BAY. Resolution No. 63-65 read in its entirety by Councilman Zinn. MOTION: Councilman Bowen moved for the adoption of Reso- lution No. 63-65. Seconded by Councilman Zinn. Roll call vote, unanimously passed. A MINUTES - City Council Meeting May 14, 1965 PAGE TWO Resolution No. 64-65. RESOLUTION REQUESTING DIS- CONTINUANCE OF SERVICES OF HARBOR DIVISION OF SAN LUIS OBISPO COUNTY DEPARTMENT OF PARKS AND BEACHES WITHIN CITY LIMITS. Resolution No. 64-65 was read in its entirety by Councilman Zinn. - MOTION: Councilman Payne moved for the adoption of Resolution No. 64-65. Councilman Crass seconded. Roll call vote, passed unanimously. The City Attorney indicated that a Writ of Immediate Possession would be requested from Judge Schenk of the Justice Court. MOTION: After further detailed discussion regarding todays action and current litigation, motion was made by Mayor Surfluh to adjourn. Seconded by Councilman Bowen. Unanimously passed. Meeting adjourned at 10:25 a.m. RECORDED BY: 0D City CC. ler NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN That the Morro Bay City Council will hold a public hearing on Tuesday, May 11, 1965, 7:30 P.M., in the Morro Bay Recreation Hall, 7th and "E" Streets, Morro Bay, San Luis Obispo County, State of California, and will then and there consider the matter of amending the Ordinance Code of the City of Morro Bay, by the adoption of an amendment to Section 11-408, Official Zoning Maps of the City of Morro Bay, said amendment to be designated as 12S-25, rezoning Lots 600 630 640 672 68, 74 72, 75 and 76, Block 31, Atascadero Beach, City of Morro Bay, State of California to C-1D (meaning plans must be submitted to the Morro Bay Planning Commission for approval); At which said public hearing any person interested may appear and express their views for or against or in modification of the proposed amendment to said Ordinance. C. Ted White City Clerk City of Morro Bay Morro Bay Sun, April 22, 1965 To be published once on or before April 30, 1965. _0 0. CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING May 11, 1965 - 7:30 P. M. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular Meeting of April 27, 1965. HEARINGS, APPEARANCES & REPORTS 1. Hearing on Rezoning of a portion of Blk. 31, Atascadero Beach Subdivision. UNFINISHED BUSINESS 1. Ordinance No. 20 - AN ORDINANCE CREATING TITLE XI OF THE MORRO BAY MUNICIPAL CODE, ENTITLED PUBLIC WELFARE, MORALS AND SAFETY, AND ADOPTING ANIMAL REGULATIONS. (second reading) 2. Resolution approving plans and authorizing advertisement for bids for City of Morro Bay Select System Project No. 3 (5th S 6th Streets) 3. Resolution authorizing advertisement for bids for street maintenance program using 2107 Funds. 4. Resolution recommending approval of additional use of County Lease Sites 82 - 85. 5. Board of Supervisors Resolution No. 197-65 RE: Morro Bay Harbor NEW BUSINESS 1. Ordinance No. 24 - AN ORDINANCE CREATING AND ADDING SECTION 4404 TO DIVISION 3, PART IV, CHAPTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE. (first reading) 2. Ordinance No. 25 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING A CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF MORRO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA STATE EMPLOYEES, RETIREMENT SYSTEM. (first reading) 3. Resolution recommending the issuance of a Use Permit for County Lease Sites 129-W to 132-W. 4. Transient Occupancy Tax Ordinance - Petition. 5. Planning Commission - Joint meeting with the City Council..-:.,' TIME RESERVED FOR INDIVIDUAL ACTION - CITY COUNCIL & CITY ATTORNEY ' CORRESPONDENCE ADJOURNMENT CALENDAR 1. City Council Meetings - May 25 and June 8, 1965 2. Planning Commission Meetings - May 18 and June 1, 1965 ., MINUTES - City Council Meeting May II, 1965 Morro Bay Recreation Hall The City Council convened at 7:36 PM in the Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL PRESENT: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh. ABSENT: None The Planning Commission members were also in attendance. PRESENT: Commissioners Bertie, Bickford, Drake, Fleming, Meacham and Nagano ABSENT: Commissioner Graham MINUTES Motion: Mr. Zinn moved that the reading of the Minutes of the regular meeting of April 27th be dispensed with. Seconded by Mr. Payne. Passed unanimously. Motion: Mr. Payne moved that the Minutes of the meeting of April 27 be approved and accepted as w ritten. Mr. Zinn seconded. Passed unanimously. HEARINGS, APPEARANCES AND REPORTS I. Hearing on Rezoning of a portion of Blk. 31, Atascadero Beach Subdivision. Mr. Peter Tomasovich was recognized by the Mayor and he stated that he wanted his property to be assigned the same zone as it had when he bought it. He added that he had not been notified that the zoning had ever been changed to R-3. Mr. Rogoway said that the records of the County showed that at the time Mr. Tomasovich bought the property it was not zoned at all, and it was reasonable that Unclassified property would be assumed to be Commercial. Then when the property had been classified for the first time, it had been zoned as R-3. Mr. Tomasovich is allowed to continue the use as long as the building that is now on the land remains. Mr. White read a letter from Mr. Tomasovich stating his claim and the reasons for it. He then read a petition from residents and owners of property in the immediate vicinity of Mr. Tomasovich''s property with 19 signatures all requesting that the Commercial zoning not be applied to the property on Morro Street, as it is mainly residential in character. Some discussion followed and comments and recommendation of the Planning Commission were given by Mr. Drake and Mr. Rogoway. Motion: Mr. Payne moved to accept the recommendation of the Planning Commission, that Lots 60, 63, 64, 67, 68, 71, 72, 75, and 76 be rezoned to C-ID, and leave lots 69, 70, 73 and 74 zoned R-3. AYES: Councilmen Payne, Zinn and Mayor Surfluh NOES: Councilman Crass ABSTAINED: Councilman Bowen This left Mr. Tomasovich's property zoned R-3. MIN11TES ity Council Meeting May; I I; 19.51',: PAGE TWO Mr. White informed the Council that an ordinance to amend our zoning ordinance is required, which will be prepared for presentation at the next regular meeting. UNFINISHED BUSINESS. Ordinance No. 20 - AN ORDINANCE CREATING TITLE XI OF THE MORRO BAY MUNICIPAL CODE, ENTITLED PUBLIC WELFARE, MORALS AND SAFETY, AND ADOPTING ANIMAL REGULATIONS. Motion: Mr. Payne moved that Ordinance 20 be read for it's second and final reading, by title only. Seconded by Mayor Surfluh. Passed unan- imously. Mr. White read Ordinance No. 20 by title only. Motion: Mayor Surfluh moved that Ordinance No. 20 be adopted. Mr. Payne seconded. Roll call vote, passed unanimously. 2. Resolution No. 56-65 - RESOLUTION APPROVING PLANS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR CITY OF MORRO BAY SELECT SYSTEM PROJECT NO. 3. (5th & 6th Streets) Mr. White read the Resolution in full. Motion: Mr. Zinn moved that Resolution No. 56-65 be adopted. Seconded by Mr. Crass. Roll call vote, passed unanimously. 3. Resolution No. 57-65. RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR STREET MAINTENANCE PROGRAM FOR FISCAL YEAR 196445. Mr. White read the resolution in full. Motion: Mr. Zinn moved that Resolution No. 57-65 be adopted. Seconded by Mr. Payne. Roll call vote, passed unanimously. 4. Resolution recommending approval of additional use of County Lease Sites 82 - 85. No resolution is required on the.aforementioned matter as the action taken by the Planning Commission was required only to verify the use of the property in regard to the issuance of a business license. It was determined that the proposed use of this lease was allowable, and that permission be granted for said use. 5. Board of Supervisors Resolution No. 197-65 regarding the Morro Bay Harbor Budget. Mr. White stated that this was for information of those present, and that each Councilman had received a copy. Motion: Mayor Surfluh moved that the County Resolution No. 197-65 be stamped received and filed. Seconded by Mr. Bowen. Passed. NEW BUSINESS Ordinance No. 24. AN ORDINANCE CREATING AND ADDING SECTION L404 TO DIVISION 3, PART IV, CHAPTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE. (First reading.) Motion: Mr. Payne moved that this Ordinance be introduced for the first reading. Mayor Surfluh seconded. Passed. Mr. White read Ordinance No. 24, which had to do with Tree Planting in the City. Second reading will take place at the next regular meeting. • i MINUTES - City Council Meeting May 11, 1965 PAGE THREE NEW BUSINESS - Continued 2. Ordinance No. 25. AN ORDINANCE AUTHORIZING A CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF MORRO BAY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA STATE EMPLOYEES' RETIREMENT SYSTEM. (First reading.) Motion: Mr. Zinn moved to introduce Ordinance No. 25 for a first reading. Mr. Payne seconded. Passed unanimously. Mr. White read Ordinance No. 25 in full. The second reading will take place at the next regular meeting. 3. Resolution No. 58-65. RESOLUTION RECOMMENDING THE ISSUANCE OF A USE PERMIT FOR COUNTY LEASE SITES 129-W to 132-W. This resolution is for the purpose of recommending six months extension of lease period for County Lease Sites occupied by the Regal Sea Food Company. The res- olution was read in full by Mr. White. Motion: Mr. Zinn moved to adopt Resolution No. 58-65. Mr. Bowen seconded. Roll call vote, passed unanimously. 4. Petition - Transient Occupancy Tax Ordinance This initiative petition was read by Mr. White. Motion: Mayor Surfluh moved that the petition be ordered filed. Mr. Bowen seconded. Passed unanimously. 5. Planning Commission - Joint Meeting with City Council 8:25 P.M. Mayor Surfluh announced that this time was scheduled as a joint meeting of the City Council and Planning Commission, and welcomed the members of the Planning Commission and the City's new Planning Consultant, Mr. Larry Wise, of the firm of Hahn, Wise & Associates. He then asked that Chairman Drake of the Planning Commission conduct this portion of the meeting and review those matters listed on the Agenda. I. Street Names and House Numbering System Chairman Drake gave a brief history of the street naming and house numbering. Mr. Rogoway spoke on the need for a change and he pointed out that the street numbering system in the North -South direction was sound, however, a drastic change was needed in the East-West direction, especially in the Atascadero Beach area. Mr. Rogoway went on to explain that in changing to this new numbering and naming system, co- operation is required of the Post Office, Water Department and other agencies, in order to make an orderly transition. 8:40 P.M. Planning Commissioner Hugh Graham arrived. Chairman Drake explained the decision to use some Spanish names to correspond with Morro Bays Spanish heritage and also to use names of a geographical nature, such as Point Fermin and others. He added that the next step would be to set a date for a public hearing and advertise the proposed changes to the public in order that they may appear to offer any suggestions or protests to be considered at that time. After the hearing, the Commission may approve the plan and present it to the City Council for ratification, to be then adopted by Ordinance and recognized as the official numbering and naming system of the City. MINUTES - City Council Meeting May 11, 1965 PAGE FOUR Street Names and House Numbering System - Continued Motion: Mr. Bickford moved that a public:.hearing on the street names and numbering system be set for June 15, 1965, at the regular Planning Commission meeting. Mr. Meacham seconded the motion. Carried unanimously. 2. City Building Needs and Site Needs - Planning Consultants, Hahn & Wise Discussion was held relative to additions to the City Hall and the advisability of providing for an eventual second story. Mr. Drake stated that a hub is growing up around the City Hall and the Recreation Hall in spite of ourselves. The Plan- ning Commission recommends that in planning for the City needs, consideration should be given to both the County and City facilities. Mr. Wise pointed out that the 701 planning program does include a public buildings plan, and also taken into consideration will be the area that will be needed for City and County building sites. The program includes parks and recreation plan- ning, utilities and capital improvement planning. Mr. White stated that the firm of Hahn & Wise will be working closely with the Planning Commission on the building and site requirements of the City. He further stated that the City will be denied the privilege of going into a major construction program, as a new city, for several years and the City is now faced with conducting business with inadequate space. In view of the urgent need for additional facilities and space, the Council has proceeded with plans:to expand the existing offices as soon as possible. Today's needs must be considered today, as well as plans for the future. The City staff plans to work closely with the Planning Commission and give all the assistance possible in it's efforts to arrive at the best possible plan for the City. Mayor Surfluh commented that it is evident that some additional space must be made available at the earliest possible time, and a course of action has been chosen accordingly. The City does not want to build unwisely and that is the reason this project has been assigned to an architectural firm. Our present needs must fit in with our plans for the future. Present actions taken in regard to existing facili- ties do not preclude the need for a master plan. Mr. McIntire reviewed the relationship of the Planning Commission with the Planning Consultant, and further stated that the development of a master plan or any changes to a master plan are the reasons for a planning commission's existence. If the City Council desires information on any changes in the plan, it must refer them to the Planning Commission for it's recommendations before taking any action. In other words, the master plan is the responsibility of the Planning Commission. In a master plan there are plans made for a civic center. The Planning Commission will work with the Planning Consultants in determining what will be the best for the City's future needs. After these studies have been completed, the recommended master plan will then be presented to the City Council with the Planning Commission's final conclusions, at which time the Council may accept it or refer it back to the Com- mission for modifications. The Planning Commission is properly a "consultant" to the Council. Mr. Graham asked Mr. McIntire if the proposed building were to go over the estimated cost, would it be a prerogative of the Planning Commission to review the costs of the building. MINUTES - City Council Meeting May II, 1965 PAGE FIVE City Building Needs and Site Needs - Planning Consultants - Continued In reply, Mr. McIntire stated that any specific building plan is not the responsi- bility of the Planning Commission except that it may have to act in the granting of a variance or use permit. The Planning Commission is only an advisory body to the City Council with respect to the location of the building, by recommending a site within the City to the City Council. In respect to architectural standards, the Planning Commission again acts only in an advisory capacity. The final determination is made by the City Council on.consideration of the recommendations of the Planning Commission, of professional people, and of the City Staff. Plan- ning Commission work is considerably more general in that the Commission establishes the gu'idel'ihes,and should not be required to work in an area that can be more readily handled by a City Department. Mr. Bickford said he understood Mr. McIntire to say that it is not the business of the Planning Commission to attend to the City building needs, but his own under- standing, from reading the Code, is that it is the function of the Planning Commission. Mr. McIntire replied that he thinks the confusion stems from one of division of responsibility for this particular function. The reference is to the extent, he said. Speaking generally, the City Council and Staff are involved in planning needs to a more specific extent. The Planning Commission should not be concerned about specifications and details. Where does the general plan stop and the detail plan begin? There is a hazy area which can be defined only as to the specific fact, so that to state that the Planning Commission is not involved in the building needs of the City is erroneous, but it should not draw the specifications and let the contract. The Planning Commission is concerned with street numbering and naming, and this is a general plan, but the Planning Commission does not go house to house and number each individual house. It should lay out a general plan and operate within the general framework of that plan. Mr. Graham made the statement that he thought the Planning Commission should have something to do with costs, and he still thinks so. j. Future Plans for Planning Commission Mr. Drake stated that as of July Ist the responsibilities of a full fledged City will be assumed, and there is need to make plans for the Planning Commission for the next year. The Board of Supervisors of the County have approved the County Planning Department to work with cities. Investigations are under way in regard to the possibility of a contract with the County for it's planning services. Mr. Rogoway submitted a proposal whereby a contract with the County Planning office could reasonably be considered. Mr. Drake said that he is in favor of this arrange- ment, as City taxes continue to support the County Planning Department whether it's.' services are utilized by the City or not. They are capable of giving a high level of service, he added. Mr. White recommended to the Council that the task of deciding whether or not to accept the services of the County Planning Department be assigned to the Planning Commission. It should choose the services determined to the the best possible for it's requirements. Mr. Bickford asked if Mr. Wise would bid on this type of service. Mr. Wise replied that his firm would not be as readily available as the County Planning Department and his price would be considerably higher than the County's. There are 24 meetings included within the 701 planning proposal, he added, of which 0 MINUTES - City Council Meeting May II, 1965 PAGE SIX Future Plans for Planning Commission - Continued two-thirds of the cost would be paid by public grant. His firm will be available on crtitical problems, but he asked that the 24 meetings be used sparingly as they go quite fast and charges for consulting are $150 a day. Additional meetings could be included in the 701 contract but only to about 30 meetings, he said. Mr. Rogoway said the proposal that has been made by the County relates more to day-to-day business. Mr. Wise pointed out that there is a lot of leg -work involved which could be better done down here by a local agency and that he has Aorked closely with Mr. Rogoway and his staffbefore, with great success. Mr. Graham inquired if it would be proper to approach other cities as soon as possible, and compare services to find out which is the most economical. Mayor Surf luh stated that the services obtained from the County would be very hard to beat, and that it appears to be the most economical. 4. Liason between Planning Commission and City Council Mr. Drake stated that the Planning Commission regrets that it has not been able to attend more meetings of the City Council and that some thought has been given to rectifying this. Mr. Bickford asked if there was anything the Planning Commission might do the better to convey it's ideas to the City Council. Mr. McIntire reviewed the procedures that the Planning Commission should follow in referring matters to the City Council for action. Technically, it should refer matters to the City Council in the form of a resolution stating the findings of the Planning Commission. Take for example, a variance. The Morro Bay Municipal Code is rather specific in stating when a variance can be granted. The Planning Commission must work within the framework of the City Ordinance. If it is found that an applicant has complied with the provisions for the granting of a variance it must be so stated in a resolution to the City Council, and an attachment or a map or something by way of illustration must be laid out, so that the Council knows what points have been considered. A brief summary of the points that are made between the proponents and the opponents would be in order. The Council does not know what the matters considered are, unless they are stated. It should be a summary so that the City Council knows the facts and what was decided. State the reasons why the decision was made, both so the Council knows, and the citizen who applied knows. If a variance is denied and the citizen appeals this denial he can frame his arguments according to the reasons given by the Planning Commission. Otherwise, the Council does not know why the denial was made and cannot properly evaluate his appeal. Flake all recommendations in writing. The Planning Commission is protected by this resolution, as it is clear what reasons caused the Commission to act as it did, it becomes a matter of record, and all the citizens have the same resolution with the reasons for any action taken, and no strain is put on either the Council or the citizens. Mr. Rogoway stated that he will have a handbook which he will give to the Council and to the Planning Commission, setting forth rules and procedures. This portion of the meeting ended at 10:18 P.M. MINUTES- City Council Meeting May II, 1965 PAGE SEVEN TIME RESERVED FOR INDIVIDUAL ACTION - City Council and City Attorney I. Mr. White recommended that the Council appoint the Chief of Police for the City of Morro Bay at this'.time.. Motion: Mayor Surfluh moved that William E. Holeman be appointed as Chief of Police of the City of Morro Bay and that he be paid in conformance to the salary schedule at Range 42, Step 3; and that this appointment be effective May 16, 1965. Seconded by Mr. Bowen. Carried unanimously. 2. Mr. White informed the Council that upon advice of the City Attorney it had been determined that the City's Personnel Ordinance No. 29-65 as drawn up was too restrictive, and that certain deletions and amendments to it were in order. He said that Rule IV, Section 4; Rule VI; Rule VII; Rule VIII; and Rule IX should be deleted. In addition, Rule XI, Section I, paragraph nine, and Rule XI, Section 2, paragraph 7, should be amended to be more inclusive, and read the proposed amendments thereto. He had prepared Resolution No. 59-65 incorporating the proposed changes and amending Resolution 29-65, which he read to the Council. Motion: Mayor Surfluh moved that Resolution No. 59-65, amending Resolution No. 29-65, be adopted. Mr. Zinn seconded. Roll call vote, passed unanimously. j. Mr. White then read Resolution No. 60-65 pertaining to appropriation of funds for general investigation of Morro Bay Harbor. He pointed out that hearings would be conducted in Washington D. C. in regard to these budget appropriations and that he had been advised by the Corps of Engineers that no particular action was re- quired by the City Council in that the initial appropriation had already been granted and that subsequent appropriations would be made to the Corps in a lump sum and it would be up to the Corps of Engineers to set aside those areas where the need is the greatest and they will establish the amount to be spent in any given area. However, it was the consensus of the Council that the resolution, if acted upon, would confirm the fact that the City has a great interest in this Review of Reports by the Corps of Engineers. Motion: Mr. Zinn moved that Resolution No. 60-65 be adopted. Mr. Bowen seconded. Roll call vote, passed unanimously. CORRESPONDENCE Summary of Correspondence to be attached to and made a part of these minutes. Copies of certain letters were given to the Mayor and each Councilman. Copies of one letter pertaining to Planning matters were distributed to each member of the Planning Commission. Motion: Mr. Zinn moved that the correspondence be stamped received and filed. Mayor Surfluh seconded. Passed unanimously. Mr. McIntire was asked to review briefly for the benefit of the citizens present the matter of a petition to the Planning Commission in regard to any particular matter to be considered by the Planning Commission and its responsibility in this. He replied that the Planning Commission establishes its own rules and procedures for handling matters, within the framework of the government code and other applicable State laws and City Ordinances. He stated that citizens should make application first to the City Council, in writing, which Council would then refer it to the Planning Commission for investigation,. consideration and determination. MINUTES - City Council Meeting May 11, 1965 PAGE EIGHT Mr. McIntire's remarks - Continued He added that the Planning Commission is required by the Government Code to adopt rules and regulations to establish procedures. City Ordinances will provide the Planning Commission with their responsibilities in all Planning Commission matters. ADJOURNMENT There being no further business before the Council - Motion: Mayor Surfluh moved that the meeting be adjourned. Mr. Zinn seconded. Passed unanimously. Meeting was adjourned at 10:36 P.M. Recorded by: �w / C. Ted White City Clerk 0 SUMMARY OF CORRESPONDENCE - City Council Meeting May 11, 1965 1. Memorandum from Kendall Jenkins, Harbor Manager, to Dixon Conrad recommending that Lease Sites 73 and 73-W now be leased to Palmer Peterson, subject to the approval of the District Attorney. 2. Board Order No. 31 from Board of Supervisors acknowledging of City of Morro Bay's Notice of Withdrawal. 3. Letter from P. Van. Newman, Senior Hydraulic Engineering Tech- nician, S.L.O. County Flood Control and Water Conservation District, advising which basic records are maintained by their District as a service to Morro Bay. 4. Letter from Owen M. Filer, Planning Assistant, Community Dev- elopment Department of City of Santa Maria re: possible interest of Morro Bayites in. attending a series of lectures in Santa Maria, by Frederick Langhorst, Professor of Architecture, in regard to Community Planning. ?inclosed are five titles of the Lectures in the series, and a questionnaire to be filled out and returned to him. 5. Letter from F. L. Luttrell, of Bakersfield, owner of property in Morro Bay, addressed attention of City Engineer, soliciting the cooperation of the City of Morro Bay in regard to improving streets, utilities, etc., so that property owners may build retirement homes on their properties. 6. Letter from Ronald A. Clark, Assistant Secretary in Governor Brown's Cabinet, expressing confidence that the actions that Governor Brown has taken in regard to a safer access route to Atascadero Beach State Park will prove adequate to satisfy the public concerned. 7. Letter from Lee Balatti, Manager of Pacific Telephone in San. Luis Obispo addressed to Mayor Jack Surfluh and relating the story of a noteworthy act of heroism by a Morro Bay Citizen, Ralph Villers, and asking that the City take recognition thereof. 8. Letter from Senator Vernon L. Fturgeon advising that he has repared an amendment to the budget that would provide an additional 501000 to the Division. of Beaches and Parks this year to provide safer access to Atascadero Beach otate Park, and requesting interested citizens to send him photographs of the present proposed access. 9. Letter from E. C. Adams, Division Engineer of the Pacific Fire Rating Bureau, San Francisco, California, submitting recommendations to aid in the City's planning program. 10. Two letters from Delwyn.Roberts, Division of Highways, submitting tabulations of Gas Tax Allocations. 11. Non -technical brochure from the Coast and Geodetic Survey of the U.S. Department of Commerce, which agency is responsible for the operation of the Seismic Sea Wave Warning System, as part of an educa- tional program to inform the public about one of the great natural disasters. 12. Letter from County Headquarters of Disabled American Veterans Memorial Chapter 45, announcing a benefit softball donkey game to be held on Sunday May 30, 1965 at Santa Rosa Park in. San Luis Obispo. No time was given.. Signed by John E. Ryan, Adjutant. CITY COUNCIL MEETING EXECUTIVE SESSION Thursday, May 6, 1965 - 11:00 A. M. City Hall, 595 6th Street, Morro Bay PRESENT: Mayor Surfluh, Councilmen Bowen, Zinn and Crass ABSENT: Councilman Payne OTHERS PRESENT: C. Ted White, City Administrator Mayor Surfluh called the meeting to order at 11:07 A. M. for the purpose of making the final selection of the Chief of Police. Councilman Bowen and Zinn reviewed the trip to Oakland, Manteca and Seal Beach to visit with final applicants Wm. Holeman and Leslie Howard. After much discussion and review of these two candidates the following motion was made: MOTION: Mayor Surfluh moved to offer the position of Chief of Police to William E. Holeman at Range 47, Step 3. Seconded by Councilman Bowen and passed unanimously. Mr. White then placed a long distance call to Mr. Holeman and related the Council's action. Mr. Holeman indicated that his answer would be given on Monday, May 10. MOTION: Councilman Zinn moved to adjourn. Motion seconded by Mayor• Surfluh and passed. Meeting adjourned at 11:47 A. M. Recorded by: 0. al'a C. Ted White, City Clerk CITY COUNCIL MEETING EXECUTIVE SESSION Monday, May 3, 1965 - 10:00 A. M. City Hall, 595 6th Street, Morro Bay PRESENT: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh OTHERS PRESENT: C. Ted White, City Administrator Mayor Surfluh called this meeting to order at 10:05 A. M. for the purpose of reviewing the results of the oral interview for the position of Chief of Police. Mr. Payne asked that all Councilmen review individually their choice of candidates for the position. This procedure was followed and after lengthy discussion the following motion was made: MOTION: Councilman Payne moved that Councilman Zinn and Bowen, -.arid Mr. White travel to Seal Beach and Manteca on Tuesday, May 4, the purpose of further investigatin'gi Chief Holeman and Chief Howard. Motion seconded by Mayor Surfluh and passed unanimously. MOTION: Councilman Bowen moved to adjourn. Seconded by Councilman Zinn. Passed unanimously. Meeting adjourned at 12:32 P. M. Recorded by: C. Ted White, City Clerk CITY COUNCIL MEETING ADJOURNED SESSION from April 27, 1965 Saturday, May 1, 1965 - 9:00 A. M. Morro Union Elementary School - 8th and C Streets This meeting is an adjourned session of the regular meeting held on April 27, 1965. Meeting called to order at 9:10 A. M. by Mayor Surfluh. PRESENT: Mayor Surfluh, Councilmen Zinn, Bowen, Payne ABSENT: Councilman Crass OTHERS PRESENT: James W. Powell, District Attorney, County of San Luis Obispo Wm. Schofield, Chief, San Luis Obispo, City Police Dept. George H. Puddy, Asst. Executive Officer, Commission on Peace Officers Standards and Training C. Ted White, City Administrator MOTION: Motion by Councilman Zinn to adjourn to executive session to conduct oral interviews for the position of Police Chief for the City of Morro Bay. Seconded by Councilman Bowen and passed unanimously. Candidates to appear before the oral board are: Bishop, William S., San Luis Obispo, California Harnar, James J., Grover City, California Holeman, William E., 'Seal Beach, California Howard, Leslie R., Manteca, California Lambert, Elliot L., Ventura, California Mapes, James A., 'Morro Bay, California Pearman, Donald K. Half Moon Bay, California Peterson, Richard B „ Boulder City, Nevada Richison W. M,Brea California Rogers, Carl T.,, San Luis Obispo, California William Bishop of San Luis Obispo did not appear for interview. 11:40 A. M. Meeting adjourned for lunch. 1:10 P. M. Meeting convened to continue oral interviews: Councilman Crass arrived at 1:20 P. M. Oral interviews continued until approximately 7:00 P. M. Members of the oral board reviewed their individual choice of candidates with the Council. At approximately 8:00 P. M. Mayor Surfluh entertained a motion to adjourn. MOTION: Councilman Zinn moved that the meeting be adjourned. Seconded by Councilman Payne and passed. Meeting adjourned at approximately.8:00 P. M. Recorded by: C. Ted White, City Clerk City of Morro Bay AGENDA - City Council Meeting April 27, 1965, - 7:30 P.M. Morro Bay Recreation Hall, 7th and E Streets Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular Meeting of April 13, 1965 2. Special Meeting of April 21, 1965 HEARINGS, APPEARANCES & REPORTS 1. Financial report UNFINISHED BUSINESS 1. Ordinance No. 20 AN ORDINANCE CREATING TITLE XI OF THE MORRO BAY MUNICIPAL CODE, ENTITLED PUBLIC WELFARE, MORALS AND SAFETY, AND ADOPTING ANIMAL REGULATIONS. (Second and final reading) 2. Selection of Planning Consultant Firm 3. Resolution relative to Acceptance of Deed from Morro Union School District for the Recreation Hall. NEW BUSINESS 1. Ordinance No. 23 AN ORDINANCE CREATING CHAPTER X TO TITLE II OF THE MORRO BAY MUNICIPAL CODE, ENTITLED CIVIL DEFENSE (First reading) 2. Civil Defense and Disaster Resolution 3. Resolution relating to California Disaster and Civil Defense Master Mutual Aid Agreement 4. Resolution relating to Workmen's Compensation Benefits for Registered Volunteer "Disaster Service Workers." 5. Resolution relating to Federal Surplus Property. 6. Letter of request from Morro Bay Chamber of Commerce AGENDA - City Council Meeting April 27, 1965 Page Two NEW BUSINESS - CONTtD. 7. Request from Morro Bay High School regarding "Youth in Government Day." 8. Resolution of the Morro Union School District Board of Trustees regarding Crossing Guards. TIME RESERVED FOR PLANNING C014MISSION MATTERS 1. Conditional Use Permit - P. Wainwright 2. Denial of Variance - Lowell Bean 3. Resolution No. 1-65 of the Planning Commission 4. Matter concerning produce market on.County leased property on the Embarcadero. 5. Request of Planning Commission for a. joint meeting. TIME RESERVED FOR INDIVIDUAL ACTION - City Council CORRESPONDENCE ADJOURNMENT (To May 1, 1965 - Morro Union.School) CALENDAR 1. City Council Meetings - May 11 and 25, 1965 2. Planning Commission Meetings - May 4 and 18. MINUTES - City Council Meeting April 27, 1965 MorPo Bay Recreation Hall The City Council meeting convened at 7:37 P.M. in the Recreation Hail with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh Absent:- None MINUTES Motion: Mr. Zinn moved to dispense with the reading of the Minutes of the regular meeting of April 13, and the special meeting of April 21, 1965. Seconded by Mr. Payne, passed unanimously. Motion: Mr. Payne moved to accept the minutes of the meetings of April 13, and April 21, as written. Mr. Zinn seconded. Passed unanimsously. HEARINGS, APPEARANCES AND REPORTS 1. Financial Report Motion: :Mr. Zinn moved that the financial report be approved as presented, and ordered filed. Seconded by Mr. Crass. Passed unanimously. Mayor Surfluh asked if there was any person who cared to be heard on any matter at this time. There being no response, the meeting continued to the next item on the agenda. UNFINISHED BUSINESS 1. Ordinance No. 20 AN ORDINANCE CREATING TITLE XI OF THE MORRO BAY MUNICIPAL CODE, ENTITLED PUBLIC WELFARE, MORALS AND SAFETY, AND ADOPTING ANIMAL REGULATIONS. This ordinance, read by title only at the meeting of April 13th, was read in full by Mr. White, due to revisions made, and this constituted the first reading. Mr. White pointed out that this was not a "Leash Law" as such, as the dog need not be tied or on a leash if it is under the immediate super- vision of the owner, thus allowing the dog freedom to run on the beach, or wherever convenient, provided it is under supervision. Dogs are not to be allowed to run unsupervised, nor left out to trespass on the property of another, nor to run at large. Questions raised after the reading were answered by Mrs. Harold Lee, Managing - Director of Woods Animal Shelter, which is both a humane society and a dog pound. Mrs. Woods, being familiar with every phase of animal impounding and care, was able to answer all questions fully and satisfactorily. In reply to those who stated that they do not get the results they expect when calling upon the service of the Woods Animal Shelter, she pointed out that they can take no action unless the complaining party will sign a complaint. This they will nearly always refuse to do, so that they leave no alternative to the animal service responding to their complaint. She emphasized repeatedly that violations that the public complains about could be stopped if the people who call for their services would sign the complaint. If their agency has the proof of sight of any violations they can take necessary action on their own initiative. MINUTES - City Council Meeting April 27, 1965 Page Two Mrs. Lee said the control of rabies is one reason for the need for animal control ordinances. An ordinance for control of, rabies and for animal reg- ulations should be adopted at the same time to afford the degree of control desired. As a result of Mrs. Lee's comments on certain sections of the proposed ordinance it was decided that certain changes were desirable in the ordinance as written. Motion: Mr. Zinn moved that the following changes be made in Ordinance No. 20: Page 5, Section 11127, on lines thirteen and nineteen, change "ten days" to "five days" in both instances, and page 9, Section 11157, the last line, change "within ten days" to "within thirty days". Mr. Bowen seconded the motion. Passed unanimously. Motion: Mr. Zinn moved that this reading be considered as the FIRST reading of Ordinance No. 20. Mr. Crass seconded. Passed unanimously. 2. Selection of Planning Consultant Firm. Mr. White passed out ballots with the names of the firms of Hahn, Wise & Assoc- iates, Inc. (Koebig & Koebig), Wilsey, Hamm and Blair, and Robert Grunwald & Associates. The Mayor and each Councilman marked their ballots and returned them to Mr. White. They were then opened before the assembly and found to be marked as follows: Hahn, Wise & Associates - 3 votes Wilsey, Hamm & Blair - 1 vote Robert Grunwald & Associates- 1 vote Motion: Mr. Zinn moved that the firm of Hahn, Wise & Associates, Inc. be appointed as the City's planning consultants, subject to the execution of an agreement between the City and said firm. Mr. Bowen seconded. Roll call vote: AYES: Councilmen Bowen, Crass, Zinn and Mayor Surfluh NOES: Councilman Payne 3. Recreation Hall matters a. Resolution No. 49-65. RESOLUTION AUTHORIZING SIGNING OF AGREEMENT BY AND BETWEEN THE MORRO UNION SCHOOL DISTRICT AND CITY OF MORRO BAY. Mr. White read the resolution in full. Motion: Mayor Surfluh moved to adopt resolution No. 49-65. Mr. Payne seconded. Passed unanimously. b. Resolution No. 50-65. RESOLUTION ACCEPTING DEED TO COMMUNITY RECREATION HALL AND ORDERING RECORDATION. Mr. White read the resolution in full. Motion: Mr. Zinn moved to adopt Resolution 50-65. Mayor Surfluh seconded. Passed unanimously. MINUTES - City Council Meeting April 27, 1965 Page Three NEW BUSINESS 1. Ordinance No. 23. AN ORDINANCE CREATING CHAPTER X TO TITLE II OF THE MORRO BAY MUNICIPAL CODE, ENTITLED CIVIL DEFENSE. (One reading only., required.) Mr. White pointed out that this was an emergency ordinance and that it would take effect immediately on its adoption. Mr. Payne requested that the ordinance be read in full. Mr. White then read the ordinance in its entirety. Motion: Mr. Zinn moved that Ordinance No. 23 be adopted. Mr. Payne seconded. Roll call vote, passed unanimously. 2. Civil Defense and Disaster Resolution No. 51-65. Mr. White read this resolution in full. Motion: Mayor'Surfluh'moved to adopt Resolution No. 51-65. Mr. Crass seconded. Roll call vote, passed unanimously. 3. Resolution No. 52-65. Resolution Relating.to California Disaster and Civil Defense Master Mutual Aid Agreement. Mr. White read the resolution in full. Motion: Mr. Payne moved to adopt Resolution No. 52-65. Mayor Surfluh sec- onded. Roll call vote, passed unanimously. 4. Resolution No. 53-65. Resolution Relating to Workmen's Compensation Benefits for Registered Volunteer "Disaster Service Workers." Mr. White read the resolution in full. Motion: Mr. Zinn moved to adopt Resolution No. 53-65. Mr. Crass seconded Roll call vote, passed unanimously. 5. Resolution No. 54-65. Resolution Relating to Federal Surplus Property. Mr. White read the resolution in full. Motion: Mr. Payne moved to adopt Resolution No. 54-65. Mr. Zinn seconded. Roll call vote, passed unanimously. 6. Letter of request from Morro Bay Chamber of Commerce. Mayor Surfluh asked if there were a representative of the Chamber present. Mr. Harold Pierpoint gave a brief explanation of the request for funds from the City in the proposal presented by the Chamber of Commerce for approval by the Council. Mrs. Moses presented proposed plans for a Winter Promotion of Morro Bay as a means of attracting tourists to our City during the winter months. Mr. Zinn remarked that any money the City might spend for promotion would return to it through increased gross sales and also increased sales taxes. Mayor Surfluh thanked the members of the Chamber for their presentation and assured them that their request would be considered on preparing the budget for the next fiscal year. r-I MINUTES - City Council Meeting April 27, 1965 Page Four 7. Request from Morro Bay High School regarding "Youth in Government Day". Mr. White read a letter from Morro Bay High School in regard to "Youth in Government Day", and recommended that the City participate. Motion: Mr. Zinn moved that we participate in "youth in Government Day". Mr. Payne seconded. Roll call vote, passed unanimously. 8. Resolution of the Morro Union School District Board of Trustees regarding Crossing Guards. Mr. White explained that at the present time these guards are paid by the County, but as of the next school year it will be the City's responsibility and that it will cost about $5,000 per year. The City will require two full time and two substitute guards, and is permitted by law to pay for this service from money derived from State subvention funds. No action was taken on this matter at this time, and Mr. White was directed to take steps to allow further action at a later date. PLANNING COMMISSION MATTERS. 1. Conditional Use Permit - P. Wainwright Mr. Rogoway reviewed the circumstances involved and gave reasons why the Planning Commission recommended that approval be granted subject to'the conditions stated in the resolution. Mr. White read Resolution No. 55-65, granting a variance and a conditional use permit to Mr. Wainwright, to allow an automobile repair garage on the corner of 6th and Piney Way, Lot 1, Block 37, Morro Bay. Motion: Mr. Payne moved to approve Resolution No. 55-65. Mr. Zinn seconded. Roll call vote, passed unanimously. 2. Denial of Variance. - Lowell Bean Mr. White explained that this Variance had been denied because the property was too small to allow for a four-plex. There was no appeal of the denial, and no action was taken by the Council. 3. Resolution No. 1-65 of the Planning Commission. Mr. White referred the Council to this Resolution, a copy of which was made available to each Councilman. It provided for the seeking of funds to pay for an alternate access route to the Atascadero Beach State Park. This was an information item only. 4. Matter concerning produce market on County leased property on the Embarcadero. Mr. White informed the Council of the problems of ,Harry Fordyce in trying to establish a business on County leased property and the sequence of events leading up to the last meeting of the City Planning Commission. MINUTES - City Council Meeting April 27, 1965 Page Five Mr. Fordyce's original request was made in writing to the County Planning Commission on March 16, 1965. It was then referred to the City Planning Commission in the latter part of March and placed as Correspondence on the Agenda of April 6th. On this date the Commission did not choose to consider this matter and held it over until April 20, 1965. During this period the produce stand opened for business without approval of the Planning Commission, and with no business license issued. On April 21, the day after the Planning Commission meeting, a letter was sent to the primary leaseholder, Mr. William Chuba, by the Harbor Manager, notifying him of non-compliance with the terms of his lease in sub -leasing without approval of the County. Discussion was held by the Council and Mr. Rogoway in regards to expediting requests of this nature so as not to penalize the businessman. 5. Request of the Planning Commission for a joint meeting. It was the opinion of the Council, on discussing the matter, that the best time for a joint meeting with the Planning Commission would be the next regular meeting of the City Council, May llth. The matter was not put in the form of a motion. , CORRESPONDENCE A summary of the Correspondence received since the Council last met is attached hereto. Motion: Mayor Surfluh moved that the Correspondence be marked "received" and filed. Mr. Zinn seconded, passed unanimously. ADJOURNMENT Motion: Mr. Zinn moved that the meeting be adjourned as a regular session, and reconvene at the Morro Union Elementary School for the purpose of oral examination of Police Chief Applicants at 9:00 A.M. on Saturday May 1st. Mr. Crass seconded. Passed unanimously. Meeting was adjourned at 10:56 P.M. Recorded by: C. Ted White, City Clerk SUINIMARY OF CORRESPONDENCE - to be read at City Council Meeting 4-27-65 1. Copy of Golden Coast News 2. Letter from Louise Ryan; new resident of Morro Bay, working as saleswoman for realtor, asking several questions regarding the bed tax.laws here. (Ordinance 18) 3. Letter from Richard Gallagher, Road Commissioner and County Surveyor, in support of the City of Morro Bay's request to extend State Route 41 to Morro Rock. 4. Letter from CongressmanBurt L. Talcott informing the City Administrator of action he is taking to get the H6use Committee on. Appropriations to include an amount of money for a survey df our water resources and needs. (Copy of - 5. (Resolution No. 147-65 of the County Board of Supervisors, recommending the installation of the proposed Nuclear Power Plant in San Luis Obispo County. 6. Copy of Financial Statement of State Compensation Insurance Fund. 7. Copy of Decision No. 68908 before the Public Utilities Commission re the application of PG&E to exercise the rights granted to PG&E by the Morro Bay City Council. 8. Letter from Jack Fabbri, Chairman of the Highway Committee of the San Luis Obispo Chamber of Commerce inviting interested persons to attend a Committee meeting and dinner on Thursday May 6th, at 7:30 PM in the Round Room of the Madonna Inn. 9. Notice of Special Meeting of the Morro Bay Planning Commission to be held at 7:30 PM Wednesday April 28th at the Harbor Office. 10. Copy of Resolution of the Greater Morro Bay Harbor Development Association. E 0 CITY OF MORRO BAY Minutes - City Council Executive Session April 23, 1965 - 11:30 A. M. ROLL CALL: Present: Councilmen Bowen, Payne, Zinn and Mayor Surfluh Absent: Councilman Crass Others Present: C. T. White, City Administrator Mayor Surfluh explained his purpose in calling this meeting. After due consideration and advice of counsel it has been recommended that our signed agreement for settlement of litigation with the County be revoked as of this date. The following action was taken on this matter: MOTION: Councilman Zinn moved to withdraw the offer made to the County by signed agreement on April 9, 1965 by notifying B. D. Conrad, County Administrative Officer or Fred Kimball, Chairman of the Board of Supervisors. Seconded by Councilman Bowen. Passed unanimously. . The Mayor directed the City Administrator to so notify either Mr. Conrad or Mr. Kimball by letter to be hand delivered on this date. MOTION: Motion to adjourn by Councilman Bowen. Councilman Payne. Passed unanimously. Meeting adjourned by 12:05 P. M. RECORDED BY: C. Ted White City Clerk Seconded by NOTICE OF SPECIAL MEETING OF THE MORRO BAY CITY COUNCIL Time: 1:00 P.M. Date: Wednesday, April 21, 1965 Place: Harbor Office, 1275 Embarcadero, Morro Bay, Calif. AGENDA The following items will be considered by the City Council: 1. Resolution of Intention. To Approve Contract Providing for Participation in State Employees Retirement System. 2. Study Session - Preliminary Budget for 1965-66 Fiscal Year. Posted and Mailed: 4-20-65 Mayor Surfluh Paul Bowen. Vernon Crass William Payne Chester Zinn 1 f', J/. S. Surfluh, a.yor The Sun Telegram -Tribune i 0 City Council - City of Morro Bay MINUTES - Special Meeting April 21, 1965 Harbor Office - 1275 Embarcadero, Morro Bay The City Council special meeting was called to order by Mayor Surfluh at 1:01 P.M. in the conference room of the Harbor Office ROLL CALL PRESENT: Cournilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh ABSENT: Councilmen: None BUSINESS 1. MOTION: Councilman Zinn made a motion to defer item number one as listed on the agenda until after the completion of review of the preliminary budget listed as item number two. Motion seconded by Councilman Crass. Passed unanimously. 2. Study Session - Preliminary Budget for 1965-66. Mr. White presented a copy of the recommended preliminary budget to each Councilman. A review of all phases of the budget was made to fully acquaint each member of the Council with budgetary requirements and revenues and expenditures for the coming fiscal year. 3. Resolution No. 48-65. RESOLUTION OF INTENTION TO APPROVE CONTRACT PROVIDING FOR PARTICIPATION IN STATE EMPLOYEES' RETIREMENT SYSTEM. Mr. White presented the Council with a detailed report on the actuarial study and what action would be required by the Council in order to participate in the State Employees' Retirement System. Mayor Surfluh asked that the aforementioned Resolution No. 48-65 be read. Councilman Zinn read the resolution in full. Councilman Payne left the meeting at 4:15 P.M. MOTION: Councilman Crass moved for the adoption of Resolution No. 46-65. Motion seconded by Mayor Surfluh. Roll call vote: AYES: Councilmen Bowen, Crass, Zinn and Mayor Surfluh NOES: Councilmen None ABSENT:Councilman Payne ADJOURNMENT There being no further business to be brought before the Council, Mayor Surfluh entertained a motion to adjourn. MOTION: Councilman Zinn moved that the meeting be adjourned. Seconded by Councilman Bowen. Passed unanimously. Meeting adjourned at 4:35 P.M. Recorded by: 0. hJ C. Ted invite, City Clerk CITY OF MORRO BAY Agenda - City Council Meeting April 13, 1965 Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of March 23, 1965 2. Special meeting of March 29, 1965 HEARINGS, APPEARANCES G REPORTS 1, Robert Grunwald - Planning Consultant 2. Planning Commission matters. a. Appeal of denial of rezoning of P, Thomasovich, Lots 69 � 70, Block 31, Atascadero Beach UNFINISHED BUSINESS 1. Improvement District No. 1 a. Engineers Estimate of Cost b. Engineers Report and Assessment, and Assessment Diagram c. Resolution Adopting Engineers Report d. Notice of Improvement e. Notice Inviting Sealed Bids f. Resolution Establishing Wage Scale NEW BUSINESS 1. Ordinance No. 20 - AN ORDINANCE CREATING TITLE XI OF THE MORRO BAY MUNICIPAL CODE, ENTITLED PUBLIC WELFARE, MORALS AND SAFETY, AND ADOPTING ANIMAL REGULATIONS (first reading) 2. Review of Proposed Civil Defense program 3. Resolution Appointing City Clerk and City Treasurer 4. Resolution Authorizing Establishment of Active and Inactive Accounts 5. Resolution Rescinding Resolution No, 42-64 and Authorizing Signators for Customer Deposit Account 6. Review of services of Cooperative Personnel Services of the California State Personnel Board. a. Resolution Approving and Authorizing the Signing of an Agreement with the Cooperative Personnel Services of the California State Personnel Board 7. Request for additional uses for City Recreation Hall. 8. Plans and Specifications - City Hall Additions TIME RESERVED FOR INDIVIDUAL ACTION - Council Members CORRESPONDENCE ADJOURNMENT CALENDAR 1.. City Council Meetings - April 27 and May 11, 1965 2. Planning Commission Meetings - April 20 and May 4 MINUTES - City Council Meeting April,13, 1965 Morro Union Elementary School Recreation Hall The City Council meeting convened at 7:40 P.M. in the Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL PRESENT: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh. ABSENT: Councilmen - None. MINUTES MOTION: Mr. Zinn moved that the reading of the minutes of the meetings of March 23 and March 29 be dispensed with. Mr. Bowen seconded. Passed unanimously. MOTION: Mayor Surfluh moved that the minutes of the meeting of March 23, 1965, be approved as written. Mr. Payne seconded. Passed unanimously. MOTION: Mr. Zinn moved that the minutes of the special meeting of March 29, 1965, be approved as written. Mr. Bowen seconded. Passed unanimously. HEARINGS, APPEARANCES & REPORTS 1. Mr. Jim Danaher of PG&E appeared to present their Electric Fran- chise payment to Mayor Surfluh, as the first such franchise payment from PG&E to the City of Morro Bay. MOTION: Mr. Zinn moved to accept this payment and order it deposited. Mr. Bowen seconded. Motion passed. 2. Robert Grunwald & Associates, Planning Consultants, who are associated with Gering, Taylor and Associates, were represented at the meeting by Robert Grunwald and Don Crawford. These associated firms had previously submitted in writing a complete resume of their policy and recommendations regarding the development of a comprehensive plan- ning proposal for the city. Accordingly, when Mr. Taylor, the City Engineer introduced Mr. Robert Grunwald, Mr. Grunwald spoke very briefly regarding the qualifications of his firm, stressing the importance of checking their record with other cities. 3. Planning Commission Matters - This concerned the appeal by P. Thomasovich of denial of rezoning Lots 69 & 70, Block 31, Atascadero Beach, and Mr. Rogoway informed the Council that this matter of appeal would be handled at a hearing to amend the Zoning Ordinance as is re- quired. In the meantime the appeal could be referred back to the Planning Commission for their review and further consideration of the requested zone change. MOTION: Mayor Surfluh moved to set a hearing date for May 11, to consider the matter of amending the Municipal Code to change the zoning on Lots 60, 63, 64, 67, 68, 71, 72, 75 and 76, MINUTES - City Council Meeting April 13, 1965 Page Two Block 31, Atascadero Beach to C-1-D as recommended by the Planning Commission. Seconded by Councilman. Zinn. Passed unanimously. UNFINISHED BUSINESS 1. Improvement District No. 1. Mr. White explained the status of Improvement District No. 1 and what actions were requested from the special bond counsel. He indicated that those items listed on.the- agenda were a matter of formal procedure required under the governing statutes, and recommended that they be duly processed. a. Engineer's Estimate of Cost. A minute order was called for. MOTION: Mr. Zinn moved to acknowledge receipt of the Estimate and order it filed. Mr. Bowen seconded. Passed unanimously. b. Engineer's Report and Assessment, and Assessment Diagram. Minute order. MOTION: Mr. Zinn moved to acknowledge receipt and order filed. Mayor Surfluh seconded. Passed unanimously. c. Resolution No. 41-65 RESOLUTION AND ORDER PRELIMINARILY ADOPTING ENGINEER'S REPORT AND CALLING FOR BIDS, IMPROVEMENT DISTRICT NUMBER 1. MOTION: Mayor Surfluh moved that this resolution be read by title only. Mr. Bowen seconded, roll call vote. Passed unanimously. It was read by title only. MOTION: Mr. Zinn moved to adopt Resolution No. 41-65. Mayor Surfluh seconded. Roll call vote, passed unanimously. d. Notice of Improvement. MOTION: Mayor Surfluh moved that this notice be filed. Mr. Payne seconded. Roll call vote, passed unanimously. e. Notice Inviting Sealed Bids. MOTION: Mr. Zinn moved that this notice be filed. Mayor Surfluh seconded. Roll call vote, passed unanimously. f. Resolution No. 42-65 RESOLUTION ADOPTING SCALE OF PREVAILING WAGE RATES, IMPROVEMENT DISTRICT NO. 1. Mr. Payne requested that this resolution be read in full. Mr. White read the entire resolution. MOTION: Mr. Zinn moved that Resolution No. 42-65 be adopted. Mr. Payne seconded. Passed unanimously. MINUTES - City Council Meeting April 13, 1965 Page three NEW BUSINESS 1. Ordinance No. 20. AN ORDINANCE CREATING TITLE XI OF THE MORRO BAY MUNICIPAL CODE, ENTITLED PUBLIC WELFARE, MORALS AND SAFETY, AND ADOPTING ANIMAL REGULATIONS. (first reading) MOTION: Mr. Payne moved that the ordinance be read by title only. Mr. Zinn seconded. Motion passed unanimously. Ordinance No. 20 was read by title only. Second reading scheduled for the regular meeting of April 27, 1965. Copies of this proposed ordin- ance to be made available to the press for public information. 2. Review of Proposed Civil Defense Program. Mr. White submitted for council study Ordinance No. 23, and pertinent resolutions setting up a Civil Defense and Disaster council within.the City Government, outlining the powers and duties of same, assigning of functions and services, recruiting and training of personnel and out- lining services such as welfare, engineering, fire, law enforcement, medical, rescue and utility services, as well as the availability of federal surplus property. No council action was taken at this time. This Ordinance to be made available to the press for public information. 3. Resolution AppointingCity Clerk and City Treasurer. Mr. White requested that this resolution be deferred to a later date. Granted. 4. Resolution No. 43-65. RESOLUTION ESTABLISHING UNIFORM PROCEDURE FOR WITHDRAWAL FROM ACTIVE & INACTIVE ACCOUNTS. Mr. White explained the need and purpose of this resolution and read it in its entirety. MOTION: Mayor Surfluh moved to adopt Resolution No. 43-65• Mr. Payne seconded. Roll call vote, passed unanimously. 5. Resolution No. 44-65. RESOLUTION REVOKING CITY RESOLUTIONS NO. 3-64, 13-64, 14-64, 27-64, and 67,64. Mr. White explained the reasons for this resolution and read it in full. MOTION: Mr. Zinn moved that Resolution No. 44-65 be adopted. Mr. Bowen'seconded. Roll call vote, passed unanimously. C, MINUTES - City Council Meeting April 13, 1965 Page four NEW BUSINESS - Continued 6. Resolution No. 45-65. RESOLUTION REVOKING AUTHORITY OF CERTAIN SIGNATORS FOR CUSTOMER DEPOSIT ACCOUNT AND AUTHORIZING OTHER SIGNATORS THEREFOR. Mr. White explained the purpose of this resolution and read it in its entirety. MOTION: Mr. Bowen. moved that the resolution be adopted. Mr. Zinn seconded. Roll call vote, passed unanimously. 7. Resolution No. 46-65. RESOLUTION APPROVING AND AUTHORIZING THE SIGNING OF AN AGREEMENT WITH THE COOPERATIVE PERSONNEL SERVICES OF THE CALIFORNIA STATE PERSONNEL BOARD. Mr. White reviewed the services offered by the California State Per- sonnel Board and then read the resolution in.full. MOTION: Mr. Payne made the be adopted. Mayor Passed unanimously. motion that Resolution No. 46-65 Surfluh seconded. Roll call vote. 8. Request for additional use of City Recreation Hall. Mr. White pointed out that the -additional use was for a Rummage Sale and a Church Bazaar. These functions require more time to conduct, and the residue left by either presents quite a cleanup problem. He said the hall is one of the busiest halls in the City and in use every day, so that it would be very unlikely that it would be possible to schedule the time needed. Mr. Payne added that the Hall is in use every week day as a nursery school, and this would rule out possible use for the requested use. Council decided that they would review this matter, and give final answer later. 9. Plans and Specifications - City Hall Additions. Mr. White distributed copies of the preliminary plans to the Mayor and each Councilman, and one was placed on the bulletin board for public viewing. He then reviewed the need for additional office space, and outlined the plans for same with the recommendation that the preliminary plan as proposed be approved and that the architect be authorized to proceed with the final drawings. MOTION: Mayor Surfluh moved that the architect be authorized to proceed on the basis of the proposed plans. Mr: Bowen seconded. Motion passed unanimously. E 11 MINUTES - City Council Meeting April 13, 1965 Page Five OTHER BUSINESS 1. At this point in the proceedings Mr. Jensen was recognized from the floor and introduced the subject of the gift of money to the City by Mr. Monte Young, his changed condition since that time, and what might be done by the City. Mayor Surfluh clarified the actions of the Council in regard to the funds donated for the dredging and the position the City was forced to take at that time. He stated that on accepting the funds it was made quite clear that it was considered a gift and not repayable from City funds, as substantiated by the record of past Council actions. He further stated that efforts had been made to determine if it was legally possible to repay Mr. Young and no way could be found. Mayor Surfluh asked for comments from other Councilmen. Mr. Zinn made the following statement in rebuttal of an editorial that had appeared in the evening paper, containing erroneous information. regarding this same matter: Mr. Mayor, there were several remarks made this evening in a newspaper article concerning the Morro Bay City Council and the Morro Bay City Council's attitude toward repayment of Mr. Young. I think there are a couple of erroneous statements, or at least in essence they are not exactly depicting the true intent of this council. And, Mr. Mayor, I jotted a few of my thoughts down before I came to council meeting tonight. With your permission I would like to relate some of them. No one, except Mr. Young and his family, wishes more than I that Mr. Young's gift could be, or should be, repaid to him. Concerning this article in the paper, I not only take exception to the remarks in this article, but I absolutely resent the implication that this Council, or I as a member of this Council, would sit by and permit or condone tech- nical tinkering with city funds for any person, regardless of who he might be. The article mentions a "loan to the city." I would like to point out for the benefit.of those who may not know, that Mr. Young's donation of this money to the City was as a gift, with no strings attached. And the City accepted his gift by Resolution No. 32-64, and at the time this gift was accepted, the City also accepted full responsibility of the Shoal Dredging by Resolution No. 31-64. This responsibility, it should be pointed out, does not end with the payment of money, it also includes liability and other problems which might be encountered. Now, there was a mention made in the article also of the City Council's moral obligation to repay this gift to Mr. Young. I would like to suggest the City Council can only be prudent in its moral obligation to its constituents by handling city funds in a proper and legal procedure, and I will never support any technical tinkering of taxpayers money. I will support, however, and will recommend now to this Council, that we request our attorney to complete their legal opinion and submit it to us in writing within the next thirty days, so that this Council might be able to act once and for all on this matter. And I'd like to end by saying that it is my sincere hope that there is a legitimate and a legal way to, repay Mr. Young. After some discussion, Mr. Payne read Resolution 32-64, bearing on the City's acceptance of Mr. Young's gift to the City, which reading answered conclusively the question of whether Mr. Young had loaned or C� C` MINUTES - City Council Meeting April 13, 1965 Page Six gifted the money to the City. MOTION: Mr. Zinn moved that the City Attorney submit a written opinion within the next thirty days, as to whether or not the City can legally do anything to return Mr. Young's"gift to him. Mr. Bowen seconded. Passed unanimously. Mr. Crass then made the following statement: "Mr. Mayor, I'm not going to be quite as formal as Mr. Zinn. I don't care about being too formal about things like this, but I wanted one thing understood. I feel that the Morro Bay Harbor Development Assoc- iation, or whatever they call themselves, who continually pushed and attempted to browbeat us into accepting this with strings attached, and against our will, since we were not prepared at that particular time to give consideration to such things as this, as weighty as this, I do believe that they should get out and start doing something them- selves. Let's see a little bit of activity out of them. They pushed us into an embarrassing position such as this, and I think it's about time that they do a little something constructive, as well as destructive. And I feel that this was uncalled for, since we were well aware of Mr. Young's situation. We have talked about it before this was ever brought up. We've discussed it. We are as interested as anyone else, and I don't appreciate the kind of publicity that we have gotten out of this, and further, I don't even appreciate our being pushed into accepting this in the first place. I accepted reluctantly before, and V want that understood. I think that this organization that is supposed to be a Morro Bay Harbor Development Association should get on the ball along with the rest of us, and we'll help him out of it. But we can't do it today, as a.City, but we can do it as individuals maybe, all of us, we can help him. But remember, don't go putting us on the spot, at least while.I'm on the Council, don't do it. This is the way I feel about it. I know a little bit about what's behind this whole thing." 2. Resolution No. 47-65. RESOLUTION ADOPTING OFFICIAL CITY FLOWER. Mr. Zinn introduced Resolution No. 47-65.. This item had been brought up before, but the Council had deferred any action until they had time to consider the matter thoroughly. Since that time numerous letters had been received in support of the Dahlia as the Official City Flower. MOTION: Mr. Zinn made the motion that Resolution.No. 47-65 adopting the Dahlia as the official city flower, be approved. Mayor Surfluh seconded. Passed unanimously. MINUTES - City Council Meeting April 13, 1965 Page Seven 3. Mr. Payne re -introduced a subject which had been brought before the Council by him some months before. It is his belief that council representation at the Planning Commission meetings would lead to better communications between the two bodies. MOTION: Mr. Payne moved that there be a councilman at each of the Planning Commission meetings, and that this be handled on a rotational basis. There was no second to the motion at this time. Mr. Rogoway, County Planning Director was recognized from the floor and announced that the subject being discussed was most opportune in view of the fact that the Planning Commission had asked him to suggest that the Council consider the possibility of a Joint Study Session in order to attain closer coordination between the Planning Commission and the City Council. Mayor Surfluh pointed out that there was a motion before the Council which would assure the presence of a councilman at each of the Planning Commission meetings on a rotational basis. SECOND: Mr. Zinn seconded the motion. Motion passed by a three to two vote, as follows: AYES: Mr. Zinn, Mr. Payne, Mayor Surfluh NOES: Mr. Bowen, Mr. Crass Mr. Bowen objected to the compulsory attendance by Council members and added that they had appointed seven responsible men to act to make recommendations to the Council. Mr. Payne then said he also felt that they had appointed a good Planning Commission but the extra communication is necessary to know background, not to be there to criticize, but if there is anything necessary to discuss or to go into a little further it could be done. He further stated "We have not been fully informed on Planning Commission matters and council representation is very necessary so that there may be more cooperation. We would have closer communication and know more about the things going on there." 4, Mr. Joe Giannini was recognized from the floor and requested a copy of some remarks made by Mr. Crass at the meeting, which were addressed to the Morro Bay Harbor Development Association during the discussion of the Monte Young gift. Mayor Surfluh said this would be supplied. Mr. Giannini continued that as a member of the Harbor Development Association he was very perturbed to read in the papers that negotiations between the County and the City concerning the Harbor had been broken off. He further asked that someone of the Council elaborate on the reasons for this. MINUTES - City Council Meeting April 13, 1965 Page Eight Mayor Surfluh asked Mr. Zinn to read two statements, one a press release dated 4-13-65, and the other a statement issued by the City Administrator, dated 4-10-65. He read both statements in full. The result of the reading of these statements brought enthusiastic approval of Council action, from Mr. Giannini and from Mr. Graham, of the Morro Bay Harbor Development Association. 5. Mr. Case was recognized from the floor and protested the appearance of Mr. Michael McIntire at the meetings instead of Mr. Peter Kardel as City Attorney. Mayor Surfluh spoke in high praise of .both Mr. Kardel and Mr. McIntire and pointed out that the two attorneys are associated and work together, so there is no importance to be attached to the appearance of one or the other. He pointed out also that it is the prerogative of the City Council to hire or fire their legal counsel, and that they were more than satisfied with the legal, representation the City has. Mr. White then asked permission to comment was received from the Mayor and Mr. White City Attorney and his associate within the ernment. CORRESPONDENCE further on this. Permission clarified the position of the structure of the City Gov - Mr. White informed the Council that the correspondence, being very lengthy and having to do only with the normal course of City business, had been summarized. Copy of this summary attached to these minutes. One letter only, needed the attention of the Mayor, as it was a request that he proclaim the week of April 24 through April 30 as "Public Schools Week." Mayor Surfluh directed the City Clerk to prepare the proclamation for his signature. MOTION: Mayor Surfluh moved that the correspondence be marked "received" and filed. Mr. Zinn seconded. Passed unanimously. ADJOURNMENT MOTION: Mr. Zinn moved that the meeting be adjourned. Mr. Payne seconded. Motion passed. Meeting adjourned at 9:58 P.M• Recorded by: 0. (-4 " , C. Ted White, City Clerk MINUTES - City Council Meeting Page Nine April 13, 1965 SUMMARY OF CORRESPONDENCE RECEIVED 1. Letter from State Controller - Subject, Estimate of Apportionments of Vehicle License fee Revenues for the 1965-66 Fiscal Year 2. Announcement of a meeting of the Boundary Commission on Thursday April 22nd at 2:30 PM in the Administrative Office Conference Room, in regard to the proposal to annex uninhabited territory to the City of Morro Bay, designated as the North side of Old Highway No. 1, between Morro Bay-Baywood Road. 3. Letter from Leila M. Bible of Tehachapi, Calif., protesting the quarrying of Morro Rock. 4. Memo from Vaun Johnson, Postmaster, thanking the City for its assistance and interest in the Post Office Building Dedication Ceremonies. 5. Letter from Joe Des Jardin, President of the Morro Bay Garden Club, invitation to attend the first unit of planting in the Civic Beautification Project of the Club. 6. Letter from Congressman Burt L. Talcott, acknowledging receipt of the City's Resolution regarding the location of the proposed nuclear powered 'electric generating plant. He points out the difficult problems yet to be worked out, but assures us of his support. 7. Letter from Raymond Walsh, Executive Officer of Central Coastal Regional Water Pollution Control Board, assigning water pollution control needs priority points to the City of Morro Bay. g, Letter from Fred L. Jones, Director, Department of Parks and Recreation, assuring the City that they are anxious to cooperate with us in working out a satisfactory pattern of operations for the Atascadero Beach Campsite. 9. Letter from Howard M. Way of John Carollo Engineers advising of his visit to the construction site of the Wastewater Treatment Plant on March 30th. 10. Invitation from Jack Fabbri, Chairman of the Highway Committee, San Luis Obispo Chamber of Commerce, to attend a County -wide Highway meeting to be held on Tuesday April 13, 1965 at 7:30 PM in the Conference Room of the San Luis Obispo Savings b Loas Association at 1020 Marsh Street. 11. Letter from Merlin Eisenbise of the County Junior College District ack- nowledging receipt and recognition of this city's resolution regarding the location of the proposed Junior College. 12. Report from Winfield A. Shoemaker, Assemblyman, on upcoming legislation. 13. Letter of thanks for our endorsement of the high school district bond election, from Ronald E. Notley. 14. Copy of Resolution from Morro Union Elementary School District, requesting the City to arrange for crossing guards for children attending the element- ary school. Y MINUTES - City Council Meeting April 13, 1965 CORRESPONDENCE - Continued Page 10 15. Copy of a Resolution of the City of San Luis Obispo supporting SCA-17 "Telephone in Lieu Tax". 16. Board Order number 47 amending the City of Morro Bays resolution that the proposed Nuclear Powered Electric Generating Plant be located in the "Morro Bay -Estero Bay area" to read "in San Luis Obispo County." 17. Board Order number 32. Board does not accept the resolution of the City of Morro Bay for the County to accept that portion of South Bay Blvd.,lying within the City of Morro Bay, as a County Highway. 18. Invitation from U. S. Civil Defense Council to attend Region VII annual Conference, Tuesday May 25th through Friday May 28th, at Las Vegas, Nevada. 19. Letter from Senator Vernon L. Sturgeon saying he will work for approval of the PG&E proposal from governmental agencies involved. 20. Four letters from interested citizens of Morro Bay, regarding the choice of our City Flower; and one letter from Canby Oregon enclosing the catalog of the Swan Island Dahlias to show the many varieties and colors of dahlias. e-� CITY OF MORRO BAY Minutes - Executive Session, City Council April 9, 1965 - 1:00 P. M. County Courthouse - San Luis Obispo This meeting continued from April 2, 1965. Called to order by Chairman Fred Kimball at 1:22 P. M. In attendance: All members of the Morro Bay City Council P. Kardel and M. McIntire, City Attorneys C. T. White, City Administrator Donna Gluyas, Stenographer District Attorney, James Powell Asst. District Attorney, Scovil Hubbard County Administrative Officer, B. D. Conrad L.Sherwin, Director Parks and.Beaches Kendall Jenkins, Harbor Manager BUSINESS Chairman Kimball made a proposal that the City indemnify the County on the basis of 60%a of all damages to be paid by the County and 40% of damages to be paid by the City with a limit of $30,000. Mayor Surfluh requested a recess to consider this proposal. Board adjourned to other offices. MOTION: After lengthy discussio to refuse to accept the the agreement presented aforementioned proposal offer made by signed ag held on April 2, 1965. and passed unanimously. n Councilman Zinn made a motion addition of a new Section 6-4 to by the'City which sets forth the on damages and to revoke our reement presented at the meeting Motion seconded by Mayor Surfluh MOTION: Councilman Zinn moved to authorize the Mayor to sign the attached final agreement and that it be presented to the Board of Supervisors as an offer of settlement that is revokable at the discretion of the City Council on notification to the County Administrative Officer or Chairman of the Board of Supervisors. Motion seconded by Councilman Payne and passed unanimously. Meeting reconvened at 2:18 P. M. Mayor Surfluh informed the Board of the Council's action in refusing to accept the agreement as presented by the County. All members of the Council concurred by stating their own thoughts. The Board of Supervisors took issue with the City on the question of indemnification and no agreement was reached at this meeting. No further meetings were scheduled. Meeting adjourned at approximately 3:00 P. M. RECORDED BY: /f Q C. Ted White, City Clerk • 9 AGREEMENT AGREEMENT, made and effective this �N� • f%2el�r day of April, 1965, by and between the City of Morro Bay, a municipal corporation located within the County of San Luis Obispo, State of California, (hereinafter called "City") and the County of San Luis Obispo, a political subdivision and one of the counties of the State of California (hereinafter called "County"). ARTICLE I RECITALS 1-1. City was incorporated as a general law city of the State of California on July 17, 1964. 1-2. The corporate limits of City encompass submerged lands, filled and unfilled tidelands and uplands adjoining tidelands in and around Morro Bay Harbor (hereinafter called "Harbor Property''). County has heretofore acquired some right, title and interest in and to certain portions of the Harbor Property by virtue of the grant to County by the State of California, under Chapter 1076, Statutes of 1947, as amended. In addition, County has acquired from other sources some right, title and interest in or to other portions of Harbor Property. 1-3. A portion of Harbor Property is, as of the effective date of this agreement, the subject of a quiet title suit entitled Lawrence E. Thomas, et al., vs. County of San Luis Obispo, et al., Action No. 27578, heretofore filed on August 13, 1962, in the Superior Court of the State of California in and for the County of San Luis Obispo (hereinafter called "Thomas Suit"). 1-4. On September 21, 1964, a claim was filed with the City of Morro Bay entitled "Claim Against the State of California, the City of Morro Bay, and the County of San Luis Obispo" (hereinafter called "Ogle Claim") asserting title to certain other portions of Harbor Property adverse to County's right, title and interest in and to such property. 1-5. A controversy has arisen between City and County in relation to their respective rights and obligations under Section 34332 of the 1-1 • Government Code of the State of California regarding the Harbor Property, in that City contends that County retains all of its right, title and interest in and to the Harbor Property until a deed conveying the same is accepted and recorded by City, and County contends that County's right, title and interest in and to the Harbor Property vested in City immediately upon City's incorporation or, in the alternative, upon tender of a deed conveying' the Harbor Property to City. 1-6. Subsequent to the filing of the Thomas Suit and Ogle Claim, City filed a Complaint for Declaratory Relief in the Superior Court of the State of California in and for the County of San Luis Obispo entitled City of Morro Bay vs. County of San Luis Obispo, et al., No. 30417, seeking an adjudication of the aforesaid dispute between City and County. 1-7. County has filed an Answer and a Cross -Complaint for a mandatory injunction against City in said Action No. 30417, whereupon City filed a Cross -Answer to said Cross -Complaint and in addition, counter claimed for an accounting and for indemnification against County. 1-8. City and County desire to effect a compromise and settle- ment of the aforesaid Action No. 30417, including all Cross Actions and Counter Claims, pursuant to which County will convey to City all of County's right, title or interest in or to any of the Harbor Property, irrespective of whether County's right, title or interest is known or unknown as of the effective date of this agreement, all on the terms and conditions hereinafter set forth. 1-9. To the best knowledge of the County and insofar as it can reasonably ascertain, County has no right, title or interest in or to any of the Harbor Property other than those properties specifically described in Exhibit "A" attached hereto. 1-2 ARTICLE II DEEDS 2-1. Within ten (10) days after the effective date of this agreement, County shall authorize and execute a quitclaim deed to City, in the form attached hereto as Exhibit "B", describing the parcels of property set forth in Exhibit "?" attached hereto and shall promptly tender the same to City. 2-2. Upon discovery by City, at any time after the effective date of this agreement, that County has or may have some right, title or interest in or to another parcel or parcels of Harbor Property not theretofore deeded to City, City shall promptly notify the County Administrative officer in writing of such discovery and shall include in such notification the legal description of such parcel or parcels of Harbor Property. Within ninety (90) days after the receipt of such notification, County shall authorize and execute an additional quitclaim deed or deeds in the form attached hereto as Exhibit "B", 'describing such parcel or parcels of Harbor Property and shall promptly tender the same to City, Provided, However, that City shall defend and hold County and its agents, officers and employees harmless from all claims, demands, liability, loss or damages for slander to the title to such parcel or parcels of Harbor Property resulting from County's execution of such quitclaim deeds pursuant to Section 2-2. 2-1 ARTICLE III ACCEPTANCE AND RECORDATION 3-1. At the first regular City Council Meeting of the City of Morro Bay after the Thursday immediately following the receipt by City of any deed';or deeds from County pursuant to Article II above, City shall by resolution accept the conveyance of the parcel or parcels of Harbor Property therein described and may at any time record such deed or deeds in the Office of the County Recorder of the County of San Luis Obispo, except the quitclaim deeds referred to in Section 2-1 above, which shall be promptly recorded. 3-2. The conveyance of any portion of Harbor Property described in any deed accepted by City as aforesaid (hereinafter called "Accepted Property") shall be deemed to be complete upon the adoption of the resolution of acceptance by City as set forth in paragraph 3-1 above. 3-1 L-7 ARTICLE IV LEASES 4-1. County shall assign to City, prospectively and not retroac- tively, all of County's rights and obligations under such lawful and valid leases as now exist on any parcel or parcels of Accepted Property, and such assignment shall be deemed accepted by City and effective as of the date upon which City adopts the resolution accepting th@ conveyances of such parcel or parcels. 4-2. The rents from leases on any portion or portions of Accepted Property shall be pro -rated as of the date of the assignment of such leases to the City. County shall pay to City City's pro -rated share of rentals theretofore collected by County within fifteen days after the effective date of the assignment to City of such lease. City shall pay to County County's pro-rata share of rentals from such leases thereafter - collected by City within fifteen (15) days after the collection. thereof by City. 4-1 0 M ARTICLE V OBLIGATIONS REGARDING ACCEPTED PROPERTIES 5-1. City acknowledges its duties and obligations, as vestee of Accepted Properties, to protect the public interest therein by prompt and vigorous defense of title to any parcel or parcels of Accepted Properties against adverse claims thereto, and by diligent and prudent administration of such Accepted Properties. City represents and warrants that City will enthusiastically and faithfully carry out these and all other duties and obligations imposed by law on City as vestee of Accepted Properties. 5-2. Nothing in this .agreement is intended or should be construed to impose upon City any obligation with respect to any claim, demand or cause of action, heretofore or hereafter made, alleged or filed, arising out of Accepted Properties, except the obligation to protect or defend any interest of City at such times and to such extent and in such manner as the City deems necessary or appropriate. 5-3. Nothing in this agreement is intended or should be construed to restrict County from defending or prosecuting the County's interests, with respect to any claim, demand or cause of action, heretofore or hereafter made, alleged or filed, arising out of Accepted Properties, at such times, in such manner or to such extent as County deems appropriate. 5-4. Nothing•in this agreement is intended or should be construed to impose upon City any liability upon any claim, loss, damage,', injury, cost, expense, demand or cause of action, whether or not related to. Accepted Properties, arising out of any past or future act or failure to act by County or its agents, servants, employees or contractors. 5-1 ARTICLE VI SHARE OF COSTS AND EXPENSES 6-1. All costs and expenses of each and every type which shall 'be incurred by City after the effective date of this agreement in defending said Thomas Suit and of prosecuting it to completion, including the prosecution of any counter claim, cross complaint or other affirmative defenses, and all costs and expenses of each and every type which shall be incurred by City. after the effective date of this agreement in defending a and prosecuting to completion any and every adverse claim to title of any part or parcel of Accepted Properties now or hereafter arising from said Ogle Claim shall be borne 6016 by City and 4010 by County; Provided, However, that County's liability to City for County's share of costs and expenses under this paragraph 6-1 shall not exceed the sum of thirty thousand dollars ($30, 000. 00). 6-2. For the purposes of paragraph 6-1 above, "Costs and Expenses" shall mean all attorney's fees, costs of obtaining the services of investigators and/or experts (including without limitation, geologists and surveyors), witness fees, deposition costs, filing fees, duplicating and printing costs, and all other costs and expenses in any way relating to the defense of or prosecution of the litigation; Provided, However, that "Costs and Expenses'.' shall not include fixed salaries of permanent, full-time payroll employees of the City. 6-3. The costs and expenses which shall be incurred by City after the effective date of this agreement for title work on any portion or portions of Harbor Property by any reputable title company, including, by way of illustration and not limitation, the obtaining of title reports or litigation guarantees, shall be borne 60% by City and 40% by County; Provided, However, that County's liability to City for County's share of costs and expenses under this paragraph 6-3 shall not exceed the sum of eight thousand dollars ($8, 000. 00). 6-1 0 w ARTICLE VII PAYMENT OF COUNTY'S SMARE OF COSTS AND EXPENSES 7-1. County's share of the costs and expenses set forth in Article VI above shall be paid to City in United States dollars within thirty (30) days after the receipt by County of City's written claim as provided in Section 7-2 below, except as hereinafter provided in Sections 7-3, 7-4, 7-5 and 7-6. City may present such written claims to County from time to time as costs and expenses are incurred or paid by City. 7-2. City's claim shall be submitted to the County Administrative Officer and show the amount of costs and expenses incurred by City, the City's share of such costs and expenses and the County's share of such costs and expenses. Such claim shall separately state the amount thereof which is attributable to attorneys fees, and shall separately state any single item of cost or expense, other than attorneys fees, which exceeds the sum of two hundred dollars ($200. 00). City's claim shall contain a certificate by three or more members of the Morro Bay City Council stating that the costs and expenses set forth therein were incurred or paid by the City of Morro Bay and fall within the provisions of Article VI of this agreement. 7-3. In the event that County is not satisfied that any cost or expense set forth in.City's claim has been incurred or paid by City or falls within the provisions of Article VI of this agreement, the County Administrative Officer shall, within fifteen (15) days after his receipt of such claim, notify City in writing that County is not satisfied with such claim and specify the reason for County's dissatisfaction. 7-4. At 2:00 P.M. on the third Wednesday after the date of County's notification of dissatisfaction as provided in Section 7-3 above, a Joint Committee, comprising of two members of the County Board of Supervisors and two members of the Morro Bay City Council, shall meet in the Supervisors' Chambers in the Courthouse Annex of San Luis Obispo County, provided that upon unanimous consent of the members of such Joint Committee, the 7-1 a meeting may be had at another mutually acceptable time and place. Such Joint Committee shall be chaired by a Morro Bay City Councilman and shall decide (1) whether the costs and expenses set out in the claim disputed by County have been incurred or paid by City, and (2) whether such costs and expenses fall within the provisions of Article VI of this agreement. A decision of the majority of the members of such Joint Committee on each issue enumerated above shall be final, except that in a case of a tie vote, the question shall be resolved in favor of the City. 7-6. County's share of the costs and expenses set forth in such disputed claim shall be paid to City within fifteen (15) days after the Joint Committee decides that the costs'.,arid expenses set forth in such disputed claim have been incurred or paid by City and fall within the provisions of Article VI of this agreement. 7-7. If said Joint Committee decides that any costs and expenses set forth in such disputed claim have not been incurred or paid by City or do not fall within the provisions of Article VI of.this agreement, the Joint Committee shall return said claim to City for correction, indicating to City in what respects said claim is deficient. Within fifteen (15) days after the subsequent receipt by County of City's corrected claim, County shall pay its share of the costs and expenses set forth therein. 7-2 a ARTICLE VIII FILES t 8-1. Commencing on the effective date of this Agreement and at any time thereafter, City shall have full and unrestricted access to the files of all County agencies which relate in any way to Harbor Properties or to the title thereof. City shall be. entitled, upon request, to obtain duplicate copies of any document or item contained in such files as provided in Section 8-5 below. 8-2. As boon as possible after the effective date of this Agreement, the County Administrative Officer shall convey to City a complete and legible set of the files which are in his possession or under his control and which relate to Morro Bay Harbor or the Harbor Properties or both, including, by way of illustration and not limitation, the administration of Morro Bay Harbor, the administration of the Harbor Properties, present and past leases thereon, and present and past uses thereof. Any duplication of -documents or items in such files which is necessary,to convey a complete and legible set of such files to City under this Section 8-2 shall be as provided in Section 8-5 below. 8-3. Within thirty (30) days after the effective date of this agreement, the District Attorney shall convey to City a complete and legible set of all files in his possession or under his control (including the files of County's Associate Attorneys) regarding or in any way relating to said Thomas Suit, said Ogle Claim or to the acquisition, administration or disposal by County of any portion of Harbor Properties, including, by way of illustration and not limitation, any and all deeds, releases, title reports, leases, investigation reports, maps, charts, photographs, drawings, statements, depositions, lists of witnesses, historical documents, newspaper clippings, legal opinions, legal briefs, legal memoranda, compilations of data, indexes, or references to material. The conveyance of such documents and files shall be accompanied by a letter of transmittal, signed by the District Attorney, a ft which shall contain the following statement: "To the best of my knowledge and belief, the documents hereby conveyed contain a true and complete copy of each and every document, map or item in my files or under my control':,which in any way relates to the Harbor Properties, said Thomas Suit, or said Ogle Claim, as those three terms are defined in the agreement between the City of Morro Bay and the County of San Luis Obispo, dated, 1965." Any duplication of documents or items necessary to convey a complete and legible set of such files to City under this Section 8-3 shall be as provided in Section 8-5 below. 8-4. County shall not destroy or otherwise dispose of any documents or items in its files or under its control which relate in any way to the Harbor Properties or to said Thomas Suit or to said Ogle Claim without the prior approval of the City Administrator. 8-5. The duplication, printing or reproduction of any document or item in County's files pursuant to Sections 8-.1, 8-2 and 8-3 above shall be performed for City by County and City shall pay to County a duplication fee not to exceed $.035 per sheet for each document or item copied, printed or reproduced. no ARTICLE D� COOPERATION 9-1. City and County shall cooperate in all respects to obtain the fullest possible cooperation and assistance of the various agencies of the State of California in the defense of said Thomas Suit and actions arising from said Ogle Claim, including the State Lands Commission and the State Attorney General. 9-2. County..agrees to execute all assignments, oaths, and other papers or documents tendered by City which are reasonably necessary or desirable to more effectively vest in City the rights conveyed or intended to be conveyed to City under this agreement. 9-3. City and County mutually agree that neither shall charge the other directly or indirectly for costs of consultation between them relating to Harbor Properties or any claims or litigation effecting said properties. 9-4. The District Attorney shall instruct County's Associate Counsel in Los Angeles to freely cooperate and consult with City in all matters relating in any way to Harbor Properties. 9-5. City shall be entitled to use the personal property described in Exhibit "C" attached hereto for one hundred and twenty (120) days after the effective date of this agreement at no charge to City. At the end of such one hundred and.twenty (120) days, County shall be entitled to remove such personal property, except the map filing case and the two ton dock hoist with winch LM-6, which are hereby conveyed to City. ARTICLE N DISMISSAL OF ACTIONS 10-1. City shall dismiss with prejudice its said Action No. 30417, entitled City of Morro Bay vs. County of San Luis Obispo, et al., such dismissal to be effective as of the effective date of this agreement. 10-2. County shall dismiss with prejudice its cross complaint in said Action No. 30417, such dismissal to be effective as of the effective date of this agreement. L\T WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers. ATTEST: City Clerk ATTEST: CITY OF MORRO BAY By Mayor COUNTY OF SAN LUIS OBISPO By airman oft e Boar o uS pervisors of the County of San Luis Obispo, State of California County Clerk and ex o icio lerk o the Board of Supervisors, County of San Luis Obispo, State of California SAN LUIS OBISPO COUNTY DISTRICT A By District7]7ttorney 10-1 0 CITY OF MORRO BAY Minutes - Executive Session, April 2, 1965 - 1:00 P. M. County Courthouse - San Luis City Council Obispo Meeting convened at the request of Chairman Kimball of the Board of Supervisors at 2:00 P. M. in the Board Conference Room. In attendance: All members of the Morro Bay City Council P. Kardel and M. McIntire, City Attorneys C. T. White, City Administrator Donna Gluyas, Stenographer District Attorney, James Powell Asst. District Attorney, Scovil Hubbard County Administrative Officer, B. D. Conrad Leroy Sherwin, Director Parks and Beaches Kendall Jenkins, Harbor Manager BUSINESS Discussion was held at length regarding the proposed settlement agreement;. Both the City and the County have prepared agreements. The County has requested the City to indemnify them against damages that may accrue to said County from pending litigation. This issue was not a part of the settlement agreement orally reached on February 24, 1965. The Mayor requested a recess to consider the County's offer. Permission granted and a recess was called. The City Council considered this counter proposal and the following action was taken: MOTION: Mayor Surfluh moved to sign the agreement of the City that was presented providing for a share of cost and expense on the current litigation to $30,000 and for title work to $8,000 as agreed upon orally on February 24, 1965 and that no indemnification be granted the County under the provisions of said agreement. Motion seconded by Councilman Zinn and passed unanimously. Meeting reconvened and the Mayor presented a signed agreement to the Board. Discussion was held as to the several sections of the agreement and it was mutually agreed that another meeting be held on April 9, 1965 to further consider a settlement. Meeting adjourned at approximately 10:00 P. M. RECORDED BY 0-�. �� C. Ted White City Clerk ` & 0 March 26, 1965 0 NOTICE OF SPECIAL MEETING OF THE MORRO BAY CITY COUNCIL Time: 12:00 P. M. Date: Monday, March 29, 1965 Place: City Hall, 595 6th Street, Morro Bay AGENDA 1. RESOLUTION NO. 40-65, RESOLUTION AUTHORIZING SIGNING OF DOCUMENTS IN CONNECTION WITH FEDERAL GRANT. Mailed: 3/26/65 Mayor Surfluh Paul Bowen Vernon. Crass William Payne Chester Zinn a'yorM , J. S. Surfluh The Sun Telegram Tribune MINUTES - City Council Meeting Special Meeting March 29, 1965 City Hall 595 _6th Street, Morro Bay Meeting called to order by Mayor Surfluh at 12:01 P.M. PRESENT: Mayor Surfluh, Councilmen Bowen, Crass, Zinn ABSENT: Councilman Payne BUSINESS Mayor Surfluh asked the City Administrator to explain the reasons for calling this special meeting. Mr. White informed the Council that recent events in the grant program for federal funds for sewage treatment plants may allow for a grant to the City for the current expansion program of the sewer treatment plant. In order to avail ourselves of the much needed financial assistance, Mr. White recommended that the Council make proper application for the federal grant and that the following resolution be approved: Resolution No. 40-65, RESOLUTION AUTHORIZING SIGNING OF DOCUMENTS IN CONNECTION WITH FEDERAL GRANT. MOTION: Councilman Bowen moved that Resolution No. 40-65 be adopted. Seconded by Councilman Zinn. Motion passed by the following roll call vote: AYES: Mayor Surfluh, Councilmen Bowen, Crass and Zinn NOES: None Motion carried. There being no further business councilman Bowen moved that the meeting be adjourned. Motion seconded by Councilman Zinn. Motion carried. Meeting adjourned at 12:10 P.M. Recorded by: C. Ted White City Administrator City of Morro Bay CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 23, 1965 Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of March 9, 1965 HEARINGS, APPEARANCES & REPORTS 1. Koebig & Koebig, Planning Consultants 2. Minutes of Planning Commission Meeting - March 16, 1965 UNFINISHED BUSINESS 1. ORDINANCE NO. 21, AN ORDINANCE CREATING CHAPTER IX, TITLE II, OF THE MORRO BAY MUNICIPAL CODE CREATING AND ESTABLISHING A PERSONNEL SYSTEM. (Second and final reading) 2. ORDINANCE NO. 22, AN ORDINANCE CREATING AND ADDING SECTIONS 4401, 4402 and 4403 TO DIVISION 3, PART IV, CHAPTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE. (S6cond.reading and final) 3. STREET LIGHTING PROGRAM - Agreement and Resolution. 4. RESOLUTION EXPRESSING APPRECIATION TO THE MORRO BAY JUNIOR HIGH SCHOOL STUDENT BODY. 5. RESOLUTION APPROVING PURCHASE OF PROPERTY FROM THE DIVISION OF HIGHWAYS AND AUTHORIZING PAYMENT OF PURCHASE PRICE. NEW BUSINESS 1. RESOLUTION ESTABLISHING RULES AND REGULATIONS FOR USE OF THE RECREATION HALL. 2. RESOLUTION SUPPORTING SCHOOL BOND ISSUE. 3. RESOLUTION DESIGNATING THE INTERSECTION OF KERN AVENUE AND RIDGEWAY AVENUE IN MORRO BAY AS A FOUR-WAY STOP AND AUTHORIZING THE INSTALLATION OF STOP SIGNS. TIME RESERVED FOR INDIVIDUAL ACTION - Council members ADJOURNMENT CALENDAR 1. City Council Meetings - April 13 and 27, 1965 2. Planning Commission Meetings - April 6 and 20, 1965 MINUTES - City Council Meeting March 23, 1965 Morro Union Elementary School Recreation Hall The City Council meeting convened at 7:33 P.M. in the Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh Absent: None MINUTES: MOTION: Mr. Zinn moved that the reading of the minutes of the last meeting be dispensed with. Mr. Bowen seconded, motion passed unanimously. MOTION: Mayor Surfluh moved that the minutes be accepted as written. Mr. Payne seconded, motion passed unanimously. HEARINGS, APPEARANCES & REPORTS 1. Mayor Surfluh introduced Mr. Haus Graham, President, and Mr. Ray Woods, Executive Assistant, of Koebig & Koebig, Engineering and Architectural firm; and Mr. Larry Wise of Hahn, Wise & Associates, Planning Consultants. Mr. Wise spoke briefly of some of his firm's accomplishments in the field of City planning, especially in cities near to Morro Bay. Mr. Graham then spoke of his firm's association with the Hahn & Wise firm of Planning consultants, saying that Koebig and Koebig had been in the engineering business for 75 years and when they decided they wanted to go into City planning voi.k, rather than start out with a new project in a new field with new help they decided to join with a firm of planning consultants that was already established and successful in it's field. He gave several examples of very difficult city planning and engineering projects, especially cities with harbors, wherein this combination of expert planners and - expert engineers working together proved very advantageous to the cities contract- ing for their services. Mr. Woods then spoke very favorably about the work done by these combined companies from the point of view of a former City Manager who had had dealings with them, stating specifically that the very old city of Lompoc, of which he was City Manager at the time, had been a very tough problem in planning and engineering but that it is now a well -planned city. He spoke in praise of their ability, their attitude, and their ready availability when needed, even though they are a Los Angeles group. 2. Minutes of the Planning Commission Meeting, March 162 1965. Mr. mite said there was no item of business for the Council's attention. 3. Financial Report Mr. White said a minute order was required here. MOTION: Mr. Payne moved that the Financial report be approved and filed. Seconded by Mr. Zinn, passed unanimously. PAGE TWO - MINUTES - City Council Meting March 23, 1965 UNFINISHED BUSINESS 1. Ordinance No. 21 AN ORDINANCE CREATING CHAPTER IX, TITLE II, OF THE MORRO BAY MUNICIPAL CODE CREATING AND ESTABLISHING A PERSONNEL SYSTEM (Second and final reading) MOTION: Mr. Payne moved that the ordinance be read by title only. Seconded by Mayor Surfluh. Roll call vote. Passed unanimously. Mr. White read the ordinance by title only. MOTION: Mayor Surfluh moved to adopt the ordinance. Seconded by Mr. Crass. Roll call vote. Passed unanimously. 2. Ordinance No. 22 AN ORDINANCE CREATING AND ADDING SECTIONS 4401, 4402 and 4403 TO DIVISION 3, PART IV, CHAPTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE (Second and final reading) MOTION: Mr. Zinn moved that the ordinance be read by title only. Seconded by Mr. Payne. Roll call vote. Passed unanimously. Mr. White read the ordinance by title only. MOTION: Mr. Zinn moved to adopt Ordinance No. 22. Seconded by lfx. Bowen. Roll call vote, passed unanimously. 3. Street Lighting Program - Ag6e;ement and Resolution No. 34-65 RESOLUTION APPROVING AGREEMENT FOR STREET AND HIGHWAY LIGHTING AND AUTHORIZING EXECUTION THEREOF Mr. White gave a brief description of the terms of the agreement, emphasizing the fact that the agreement is very flexible in regard to the placing of any new installations, and also that it could be terminated by either party upon sixty days notice. Mayor Surfluh asked that the resolution be read in full and Mr. White read the entire resolution. MOTION: Mayor Surfluh moved that Resolution No. 34-65 be adopted. Mr. Zinn seconded. Roll call vote. Passed unanimously. Mrs. Linnea Waltz was recognized from the floor to protest that she and two of her neighbors were opposed to the installation of lighting in their section, and cited the case of a section in San Luis Obispo which is not lighted as the result of a petition presented by the inhabitants of that section, which prevailed to prevent such lighting. She questioned if she presented a petition signed by all the people in her area, would the city give it consideration and perhaps consent to leave that particular section of Morro Bay dark. A lengthy discussion followed and Mr. White reminded the Council that the agreement was flexible enough to allow the City to install lighting where it was needed, and that consideration to individual areas could be given at any time. PAGE THREE MINUTES - City Council Meeting March 23, 1965 Mr. McIntire pointed out that the discussion was premature, since the issue at hand was the adoption of the resolution to execute the agreement, and that Mrs. Waltz' request would more properly be taken up at a meeting where plans for placing lights were being discussed. 4. Resolution 35-65 RESOLUTION EXPRESSING APPRECIATION TO THE MORRO BAY JUNIOR HIGH SCHOOL STUDENT BODY. This resolution was introduced by Yx. Zinn who asked Mr. White to read it in full, which Mr. White did. MOTION: Mr. Zinn moved that Resolution No. 35-65 be adopted. Seconded by Mr. Bowen. Roll call vote. Passed unanimously. 5. Resolution 36-65 RESOLUTION APPROVING PURCHASE OF PROPERTY FROM THE DIVISION OF HIGHWAYS AND AUTHORIZING PAYMENT OF PURCHASE PRICE. Mr. White read the resolution in full. MOTION: Mr. Payne moved to adopt Resolution 36-65. Seconded by Mr. Zinn. Roll call vote. Passed unanimously. NEW BUSINESS 1. Resolution 37-65 RESOLUTION ESTABLISHING RULES AND REGULATIONS FOR LEE OF THE RECREATION HALL Mr. White read the resolution in full. MOTION: Mr. Zinn moved that Resolution 37-65 be adopted. Mr. Bowen seconded. Roll call vote. Passed unanimously. 2. Resolution No. 38-65 RESOLUTION SUPPORTING SCHOOL BOND ISSUE Mr. Payne introduced this resolution and asked that W. White read it. Mr. White read the resolution in full. MOTION: Mr. Payne moved to adopt resolution 38-65. Mr. Bowen "seconded. Roll call vote. Passed unanimously. 3. Resolution 39-65 RESOLUTION DESIGNATING THE INTERSECTION OF KERN AVENUE AND RIDGEWAY AVENUE IN MORRO BAY AS A FOUR-WAY STOP AND AUTHORIZING THE INSTALLATION OF STOP SIGNS Mr. White read the resolution in full. MOTION: Mr. Bowen moved that Resolution 39-65 be adopted. Mr. Zinn seconded. Roll call vote, passed unanimously. PAGE FOUR MINUTES - City Council Meeting March 23, 1965 TIME RESERVED FOR INDIVIDUAL ACTION - Council Members Mr. Crass voiced an objection to the Council Is placing a resolution before the people, such as the Resolution Supporting the School Bond Issue, when there is a question whether or not our constituents are for the issue involved. He questioned whether this practice was fair to the constituents. No further business was brought up. CORRESPONDENCE 1. Letter from the Office of Economic Opportunity regarding the War on Poverty, and particularly,in regard to a nation-wide pre-school program which is called Project Head -Start. 2. letter from Woods Animal Shelter Society in regard to Animal Control. 3. Letter from South Bay Civic Association regarding plans for dedication of the Rancho Montano de Oro State Park on Saturday, April 24. 4. Invitation from Space City International, to be present for a current progress report on Monday March 29, 7:30 PM at Veterans Memorial Building in Santa Maria. 5. Memorandum from the Citizens Committee for Protection of South County Industrial Zoned Area seeking support for the construction of the PG&E Plant in the industrial zoned area. 6. Letter from the Division of Highways attaching a signed copy of the First Amended Budget Approval for Expenditures of State -Allocated (Sec. 2107) Funds for the 1964-65 fiscal year for the City of Morro Bay. 7. Letter from Senator Vernon L. Sturgeon regarding copies of Resolution 10-65 sent to him, and reasons why it will not be possible for him to re -introduce such legislation at this session, and enclosing copy of Senate Concurrent Resolution No. 37. 8. Letter from Office of Civil Defense in Santa Rosa expressing pleasure that the City of Morro Bay is establishing a civil defense capability. 9. Letter from California Disaster Office on subject of Civil Defense. 10. Letter from California Disaster Office enclosing copies of an Ordinance and four:. Resolutions on subject of Civil Defense. 11. Copy of a letter from John Erreca, Director of Public Works, Sacramento, to Senator Sturgeon regarding tree planting on Highway 1 in Morro Bay. 12. letter from Department of Education signed by Max Rafferty, Superintendent of Public Instruction, acknowledging receipt of Resolution requesting location of Junior College at Camp San Luis Obispo and assuring us of his support. 13. letter from Emil 0. Toews, Chief, Bureau of Junior College Education, acknowledging receipt of Resolution re Junior College location. PAGE FIVE MINUTES - City Council Meeting March 23, 1965 CORRESPONDENCE -- Continued 14. Letter from Lyle F. Carpenter of Arroyo Grande, attaching a "Proposal to Establish a Countywide Economic Development Agency." 15. Letter from Genevieve Kubashack of Marro Bay, suggesting the Lupine as our official City Flower. 16. Letter from Department of Water Resources acknowledging receipt of copy of R:esoluti= re Nuclear Power Plant location. 17. Iettbr from Senator Thomas H. Kuchel also acknowledging receipt of Resolution re location of Nuclear Power Plant. 18. Letter from Division of Small Craft Harbors re Breakwater & Protection of Launching Facility. 19. Letter from Congressman Burt L. Talcott` re Radio Beacon. 20. Letter from Division of Highways transmitting copy of Highways Newsletter. 21. Letter from Stone & Youngberg re special assessment proceedings for the construction of various improvements in the City of Morro Bay. 22. Note from Fred A. Schenk, Jr., Justice Court Judge, transmitting copy of his letter to Governor Brown re the Atascadero Beach State Park Project. 23. Order No. 44 from the Board of Supervisors re William Wilson Lease Site, Marro Bay. 24. Order No. 48 from the Board of Supervisors re Morro Bay-Baywood Park Road. 25. Order No. 58 from the Board of Supervisors re extension of State Highway 41 to Morro Rock Park. MOTION: Mr. Zinn moved that the above correspondence be marked "received" and filed. Yx. Surfluh seconded. Motion passed. MOTION: Mr. Zinn moved that the meeting be adjourned. Mr. Payne seconded. Motion passed. Meeting adjourned at 9:49 PM. Recorded by: 0( ` y C. Ted White City Clerk 0" CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING March 9, 1965 - 7:30 P.M. Morro Union Elementary School Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of February 23, 1965. HEARINGS, APPEARANCES & REPORTS 1. Morro Bay Jr. High School Student Council 2. Wilsey, Hamm & Blair UNFINISHED BUSINESS 1. Atascadero Beach State Park 2. Street Lighting Program 3. Excess Land - Division of Highways NEW BUSINESS 1. Ordinance No. 21, AN ORDINANCE CREATING CHAPTER IX, TITLE II, OF THE MORRO BAY MUNICIPAL CODE CREATING AND ESTABLISHING A PERSONNEL SYSTEM. (First reading) 2. Ordinance No. 22, AN ORDINANCE CREATING AND ADDING SECTIONS 4401, 4402 AND 4403 TO DIVISION 3, PART IVCHAPTERCHAPTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE. (First reading) 3. Resolution Adopting Personnel System Rules and Regulations. 4. Resolution Adopting Policy on Installation of Streets, Curbs, Gutters and Sidewalks in the City of Morro Bay. 5. Resolution Requesting the Establishment of Permanent Site for the Junior College at Camp San Luis Obispo. 6. Resolution Requesting the Establishment of a Veterans Cemetery on a Portion of Camp San Luis Obispo. 7. Proclamation - National Poison Prevention Week. 8. Planning Commission a. Re solution Granting Variance - E. Davis b. Resolution Granting Variance - F. Frasier TIME RESERVED FOR INDIVIDUAL ACTION - Council Members ADJOURNMENT CALENDAR 1. City Council Meetings - March 23 and April 13, 1965 2. Planning Commission Meetings - March 16 and April 6, 1965 • MINUTES - City Council Meeting March 9, 1965 Morro Union Elementary School Recreation Hall The City Council meeting convened at 7:34 P.M. in the Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL MINUTES PRESENT: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh ABSENT: None MOTION: Mr. Zinn moved that the reading of the minutes of the meeting of February 23rd be dispensed with. Seconded by Mr. Bowen. Carried unanimously. MOTION: Mr. Crass moved that the Minutes of the meetingcd£ February 23rd be adopted as written. Seconded by Mr. Bowen. Carried unanimously HEARINGS, APPEARANCES & REPORTS 1. Morro Bay Jr. High School Student Council A group of Student Council members and other students appeared with their teacher, Mrs. Morrow, and presented Mayor Surfluh and each of the Councilmen with an attractive plaque inscribed with his name, to be displayed at the Council Meetings so that those in attendance at the the meetings might readily identify each Councilman. 2. Wilsey, Hamm & Blair - Planning Consultants Representatives of Wilsey Hamm & Blair were Mr. William B. Thompson and Mr. Donald A. Cotton. Mr. Cotton spoke on the subject of City Planning projected over twenty years to 1985; methods used to achieve this in general, and methods Wilsey Hamm & Blair will use in our particular circumstances; help to be had financially from the Federal Government,if the plan proves too expensive for the taxpayers. Mr. Zinn and Mr. Crass asked questions of Mr. Cotton when he had finished his talk, and the principal thought the Councilmen expressed concerned Federal financial aid to cities following a general or specific plan - would the Government make demands upon the cities involved, or would the cities have a free hand in carrying out their own plans: Mr. Cotton said the Government would not interfere, it would however expect the City to come up with one third of the total cost of the general plan, either in cash or in services. Mr. Cotton added that Wilsey, Hamm & Blair also supply other services besides planning. They can supply architectural, engineering, sanitary, civil and traffic engineering services to implement the over-all plan and to work it out in much more detail. They are familiar with all the forms that must be filled out when making application for Federal financial help and will be glad to do this work for the City. UNFINISHED BIBINESS 1. Atascadero Beach State Park. Page 2 MINUTES - City Council Meeting March 9, 1965 RESOLUTON NO. 27-65 RESOLUTION DECLAR G PLANNED ACCESS TO ATASCADERO BEACH STATE PARK TO BE A HAZARD AND A PUBLIC NUISANCE AND REQUESTING THE STATE OF CALIFORNIA TO RELOCATE SAME Mr. White read the Resolution in full. Discussion arose as to the acces route going north to Hatteras Street, some saying they have it on good authority that the northerly route will not be Sandalwood, which is 40, wide, but Beachcomber, which is narrower. Mrs. Shiriey McGuire and Judge Schenk took part in the discussion. Mrs. McGuire was concerned about the hazards to children, and Judge Schenk was most concerned with getting through to the Governor and other legislative bodies and taking full advantage of every legal means of effecting the changes desired by the Community, which community is very much opposed to the location of the park, and the access to it. It was pointed out also that the park will be fenced in, so that the residents fear that the entire beach may be closed to all but the paying public. MOTION: Mayor Surfluh moved for the adoption of Resolution 27-65; se6onded by Mr. Zinn. Roll call vote. Passed unanimously. 2. Street Lighting Program Mr. White reviewed some street lighting history and presented a planned schedule of lighting the entire City within about two more years. He said the present cost of lighting is around $500 per month, and additional lighting to cover the whole city will add about $1500 per month to this total. Mayor Surfluh commented that for a City to be well lighted for only around $24,000 a year was a very good thing and he was all for it. There was a point raised in the audience, when one member asked what recourse the citizen would have who did not want ugly wires put up in front of his residence. Mr. White said that there are many poles now in place and that those poles would be utilized. In many areas where there are no poles, and the new ones would be installed, aluminum or steel ornamental poles are available at extra cost and are better looking than the black wooden poles. Mr. Bowen said that to put under- ground wiring in would be prohibitive in cost to the City. Mr. Crass suggested that for those wanting special installations a plan may be worked out among neighbors to arrange to pay for the special poles. The City would pay for their lights, but the residents could bear the extra cost of special installation themselves. Mr. Spellacy, using maps of the entire City area, showed where the lighting would be placed according to the planned schedule, and how many lights would be installed in each area. Mr. White added that there would be no old incandescent lights, but that all the new ones will be mercury vapor lights. MOTION: Mayor Surfluh moved that authorization be granted to prepare the necessary resolution for the City to enter into agreement with PG&EE for the completion of the street lighting plan. Seconded by Mr. Bowen. Roll call vote. Passed unanimously. Page Three MINUTES - City Council Meeting March 9, 1965 3. Excess Land - Division of Highways Mr. White produced a map on which were marked out some small parcels of land the State is desirous of selling, three of which he recommends that the City purchase for the City's ultimate use. One parcel �41 by 216, is for sale for $1. Another parcel 10,190 sq. ft. which will be needed for a frontage road in the future is for sale at $8,150 which Mr. White recommended as a very good buy. A third parcel, also of future use as a frontage road is available to the City for $2000. The fourth parcel was described by Mr. White but, .for several reasons he enumerated, this would be of no interest to the City. MOTION: Mr. Payne moved to prepare a resolution to purchase parcels 1, 2 and 3 only. Mr. Zinn seconded. Roll Call vote. Passed unanimously. Mr. White then added that certain Gas Tax Subvention money from the State of California could be used to purchase a portion of the property so that the City would not have to pay all of the costs from the General Fund to acquire this property. 4. Resolution No. 28-65 RESOLUPION RF�UESTING INSTALLATION OF NUCLEAR POWERED ELECTRIC GENERATING PIANT. Mr. White read the resolution in full. MOTION: Mayor Surfluh moved to adopt the resolution. Mr. Bowen seconded. Roll call vote. Passed unanimously. NEW BUSINESS Mr. White reported that Ordinance No. 20 was intentionally left off the agenda and he requested that it be deferred as the Pacific Fire Rating Bureau will be here within the next 3 to 5 weeks to review the existing ratings, and it would be well to wait till that time so that the City could take advantage of their vast knowledge on this subject and receive their recommendations which they will undoubtedly make during the review. Deferment was granted. 1. Ordinance No. 21 AN ORDINANCE CREATING CHAPTER IX, TITLE II, OF THE MORRO BAY MUNICIPAL CODE CREATING AND ESTABLISHING A PERSONNEL SYSTEM. (First reading) MOTION: Mr. Payne moved that the ordinance be read by title only. Mayor Surfluh seconded the motion. Roll call vote. Passed unanimously. Mr. Payne introduced the Ordinance and read it by title only. Second reading and final adoption at next Council meeting March 23rd. 2. Ordinance No. 22 AN ORDINANCE CREATING AND ADDING SECTIONS 4401, 4402 and 4403 TO DIVISION33, PART IV, CHAPTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE. (First reading) Mr. White explained that this is an addition to the existing Municipal Code. Certain paragraphs had originally been omitted so that this addition was necessary. He then read the ordinance in full. Mr. Payne introduced Ordinance No. 22. Second reading and final adoption at next Council meeting March 23rd. E Page Four MINUTES - City Council Meeting March 9, 1965 3. Resolution No. 29-65 PERSONNEL SYSTEM RULES AND REGULATIONS OF THE CITY OF MORRO BAY Mr. White announced that this resolution is required by Ordinance No. 21, which created and established a Personnel System, setting forth the rules and regulations. MOTION: Mr. Payne moved that Resolution No. 29-65 be read by title only. Mr. Zinn seconded. Roll call vote. Passed unanimously. Mr. Payne read Resolution No. 29-65 by title only. MOTION: Mr. Zinn moved that Resolution No. 29-65 be adopted. Mayor Surfluh seconded. Roll call vote. Passed unanimously. 4. Resolution No. 30-65 POLICY ON INSTALLATION OF STREETS, CURBS, GUTTERS AND SIDEWALKS IN THE CITY OF MORRO BAY. Mr. White said that this was needed to cover the period of time until Ordinance No. 22 is in effect. It is a resolution adopting policy on installations for the benefit of those who are to make such installations. MOTION: Mr. Payne moved that this resolution be read by title only. Mr. Zinn seconded. Roll call vote. Passed unanimously. Mr. Payne read the resolution by title only. MOTION: Mr. Payne moved that the resolution be adopted. Mr. Crass seconded. Roll call vote. Passed unanimously. 5. Resolution No. 31-65 RESOLUTION REQUESTING THE ESTABLISHMENT OF PERMANENT SITE FOR THE JUNIOR COLLEGE AT CAMP SAN LUIS OBISPO. Mr. Payne introduced the resolution and asked that the City Clerk read it in full. Mr. White read the resolution in its entirety. MOTION: Mr. Payne moved that this resolution be adopted. Mr. Bowen seconded. Roll call vote. Passed unanimously. 6. A resolution was to be introduced regarding the use of a portion of Camp San Luis Obispo for a veterans cemetery, but Mr. White had heard that 4400 acres would be needed for such a cemetery and Mr. Zinn suggested that since no one was sure if the proper amount of acreage was available we should defer the reading of this resolution until a check had been made to determine if it was pertinent. Deferred until March 23rd. 7. Proclamation - National Poison Prevention Week Mr. White pointed out that this proclamation did not require any action by the City Council but a signature of the Mayor. Mayor Surfluh asked Mr. White to read it in its entirety. Mr. White read the proclamation in full. Mayor Surfluh signed the proclamation as presented. �J Page Five MINUTES - City Council Meeting March 9, 1965 8. a) Resolution No. 32-65 RESOLUTION GRANTING VARIANCE - E. Davis Mr. White reviewed the circumstances regarding this variance. MOTION: Mr. Zinn moved to adopt the resolution. Mayor Surfluh seconded. Roll call vote. Passed unanimously. b) Resolution No. 33-65 RESOLUTION GRANTING VARIANCE - F. Frasier This was in regard to the Retirement Manor on Highway 1 at Rennell Street. Mr. White read the resolution in full. Mrs. Richardson, and Mr. and Mrs. DeBrun, who are owners of the property adjoining Mr. Frasier's property, appeared at the meeting to protest the proposed building as it would cut off their view. Mr. Spellacy, using a map, pointed out the areas covered by this building and stated that this property was zoned as C-1 and that the Planning Commission recommended approval subject to the require- ments stated in the resolution. MOTION: Mr. Zinn moved to adopt the resolution granting variance. Mr. Bowen seconded. Roll call vote. Passed unanimously. TIME RESERVED FOR INDIVIDUAL ACTION - Council Members 1. Mr. Crass stated that he was going to a hearing the next day at the County Planning Commission in regard to a zone change on property contiguous to the Morro Bay city limits, in which zone change he had a personal interest. He would be asking for a C-1 zoning in this area. Due to the fact that the City will soon be requesting annexation of the property involved, the City is asked to write a letter to the Planning Commission of San Luis Obispo County stating that there would be no objection to a zone change to C-1 in the prescribed area. Mr. McIntire advised that under the circumstances described it was cutomary for the City involved to write such a letter. MOTION: Mr. Zinn moved that the City send a letter to the County Planning Commission stating that we would have no objection to the zone change. Mr. Bowen seconded. Roll call vote. AYES: Councilmen Bowen, Payne, Zinn and Mayor Surfluh NOES: None Mr. Crass abstained from voting because of personal involvement in the matter. 2. Mr. Zinn brought up the 'subject of Senate Reapportionment. All of the Councilmen and Mayor Surfluh expressed themselves as being violently opposed to Senate Reapportionment. Mr. White pointed out that they had already passed a resolution concerning this subject. It was decided that they would investigate the possibility of any further action that might be taken. Page Six MINUTES - City Council Meeting March 9, 1965 CORRESPONDENCE 1. Letter from Morro Union Elementary School District offering to lend the City any furniture contained in the Recreation Hall which is being turned over to City ownership, and enclosing a form on which to indicate which furniture the City would like to borrow. Another enclosure was a lis t of instructions and information for any applicants for use of the hall. 2. Notice of quarterly meeting of the Channel Counties Division of the League of California Cities. 3. Resolution from El Camino Dahlia Society that the Dahlia be designated as the Flower of the City of Morro Bay. 4. Invitation from the San Luis Obispo Chamber of Commerce to a meeting of joint Chambers of Commerce in the County to discuss closer cooperation between the various communities of the area. 5. Letter regarding Monterey County Planning Council annual conference at Asilomar, on March 13, 1965. Mr. White requested approval of travel requests for members of the Planning Commission to attend this conference, to include actual expenses for meals and transportation. Minute action was requested. Mayor Surfluh moved that the expenses for those attending this conference be approved. Mr. Bowen seconded. Roll call vote. Motion passed unanimously. 6. Letter from the Fifth Grade Class at Del Mar School, thanking Mayor Surfluh for his courtesies shown them during their recent visit to City Hall. 7. San Luis Obispo County Farm Bureau invitation to Civic Leaders to take an air tour, including a barbeque lunch, on April loth. 8. Letter from Ramona Wilkinson asking the City to start a VHelp Keep our City Clean" campaign. 9. Letter from Board of Supervisors concerning appointments to the County Water Resources Advisory Council. 10. Letter from the Board of Supervisors - Agreement with the City of Morro Bay in regard to assessing and collecting taxes. 11. Letter from the Board of Supervisors regarding quitclaims of certain streets, roads etc. to City of Morro Bay. 12. Letter from Department of Public Works advising us that tree planting may be accomplished along our freeway this fall. 13• Three letters from Assemblymen thanking the City of Morro Bay for it's support of Senate Joint Resolutions 2 and 3. 14. Three postcards asking that the City not pass the bed tax. 15. Invitation from Elks Lodge for City to participate in annual Youth in Government day, May 3, 1965. MOTION: Mr. Zinn moved that the communications be marked 'received' and ordered filed. Mr. Bowen seconded. Roll call vote. Passed unanimously. Page Seven MINUTES - City Council Meeting March 9, 1965 ADJOURNMENT MOTION: Mr. Zinn moved to adjourn the regular meeting to executive session. Yx. Crass seconded. Passed. The meeting adjourned to Executive Session at 10:40 P.M. Recorded by: C. Ted White City Administrator City of Morro Bay 11 CITY OF MORRO BAY Minutes - City Council Executive Session February 24, 1965 - 12:00 Noon Little Chef Restaurant, San Luis Obispo This meeting was convened at 12:00 noon from adjourned meeting of executive session held on February 23, 1965. ROLL CALL: Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh Others Present: Peter Kardel, Michael McIntire and Ted White BUSINESS The conference on settlement of the tidelands issue with the County of San Luis Obispo was discussed at length. No action taken at this session. 12:50 P. M. Councilman Bowen became ill and Mr. White offered to drive him to Morro Bay. Mr. White returned at*1:30 P. M. MOTION: Mayor Surfluh moved that this meeting adjourn to the conference room of the Board of Supervisors. Seconded by Councilman Zinn. Passed Unanimously. Meeting adjourned to Courthouse at 1:50 P. M. RECORDED BY: C. Ted White City Clerk CITY OF MORRO BAY Minutes - City Council - Executive Session February 24, 1965 - 2:00 P. M. County Courthouse, San Luis Obispo Meeting convened from an adjourned session held earlier this date. Meeting called to order by Chairman Fred Kimball of the Board of Supervisors at approximately 2:15 P. M. In attendance: Mayor Surfluh, Councilmen Crass, Payne and Zinn P. Kardel, M. McIntire and T: White N. Blacker, State Lands Commission W. J. Abbott, Attorney Generals Office Board of Supervisors District Attorney, James Powell Asst. District Attorney, Scovil Hubbard County Administrator Director of Parks and Beaches, L. Sherwin Harbor Manager, K. Jenkins BUSINESS Discussion was held at some length in regards to a settlement agreement. A recess was called to consider a compromise. After due consideration of the County's demands the following action was taken: MOTION: Councilman Zinn moved that the City make the following proposal: 1. That the County shale in the cost of litigation of the Thomas and Ogle suits on the basis of 60516 of costs to be assumed by the City and 40976 of the costs to be assumed by the County., 2. That tide suite percentages apply to all title work to a maximum of an $8,000 cost to the County. Motion seconded by Councilman Payne and passed unanimously. On reconvening the Mayor presented the aforementioned proposal to the Board who in turn recessed to consider the City's proposal. On reconvening the County offered the following proposal: 1. That they would accept the'aforementioned item 1 of the City's proposal if a $30,000 limit was placed on the 40To share of costs. 2. That they would accept the share of cost on title work to 40% on a limit of $8,000. The City Council recessed to consider the County's offer. The following action was taken: MOTION: Mayor Surfluh moved to accept the County's offer as stated subject to being reduced to written form by our attorneys and that it be satisfactory to both parties. Motion seconded by Councilman Zinn and passed unanimously. On reconvening the Mayor informed the Board of the Council's action. After more discussion the following oral agreement was made by the City and County: 1. The City would accept title to both trust properties and for properties now in the County's possession. 2. The County would assume a share of the cost of litigation on the Ogle and Thomas lawsuits with the City - 6090 City share and 40% County share, County's share not to exceed $30,000. 3. The County would report or reports County, County's share the expense of obtaining a title on said properties - 60576 City and 40% share not to exceed $8,000. 4. An attorney's meeting was scheduled to put the agreement in writing. 5. It was mutually agreed that another meeting would be held after the agreement has been prepared for final execution. Meeting adjourned by Chaii.man Fred Kimball and Mayor Jack Surfluh. RECORDED BY: oe-� C. Ted White City Clerk PAGE TWO CITY OF MORRO BAY Minutes - City Council Executive Session February 24, 1965 -2:00 PM County Courthouse - SLO 0 i CITY OF MORRO BAY Minutes - City Council Executive Session February 23, 1965 City Hall, 595 6th Street, Morro Bay This meeting was convened at 9:45 P. M. after adjournment of regular session to discuss personnel matters. ROLL CALL PRESENT: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh ABSENT: None Others Present: Mr. McIntire and Mr. White BUSINESS 1. Discussion was held regarding the selection of a screening committee and interview board for the Police Chief examination. Mr. White recommended the following persons for the assignment: Wm. Schofield, Police Chief, City of San Luis Obispo James Powell, District Attorney, County of San Luis Obispo Harold Field, Superintendent East Facility, California Mens Colony MOTION: Motion by Mayor Surfluh, seconded by Mr. Payne that the above mentioned persons be asked to serve as a screening -interview committee. Passed unanimously. 2. Discussion was held at some length in regards to requirements for acceptance for screening and interview by the Board. The following specifications were established: a. Applicant to reside in one of those states -;belonging to the League of Western Cities, the area of circulation of the ad placed in Western Cities Magazine. b. All applicants residing in San Luis Obispo County who meet advertised requirements to be called for interview. c. Minimum age 30 - Maximum age 55. d. Screen to a maximum of ten from areas outside of San Luis Obispo County. e. Plus recommendations of the screening committee. MOTION: Motion by Mr. Zinn, seconded by Mr. Crass that the aforementioned specifications be adopted. Passed unanimously. 3. MOTION: Motion by Mayor Surfluh, seconded by Mr. Bowen that this executive session be adjourned to the Little Ch.e f Restaurant in San Luis Obispo at 12 noon, February 24, for conference on settlement meeting with the Board of Supervisors on Tidelands issues. Passed unanimously. Meeting adjourned to executive session as stated at 10:50 P.M. RECORDED BY: C. Ted White, City Clerk (�. - .4 �� CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 23, 1965 - 7:30 P. M. Morro Union Elementary School Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular meeting of February 9, 1965. HEARINGS, APPEARANCES & REPORTS 1. Report on Planning Commission meeting - February 16, 1965. a. Lease Site 133W b. Review report, U. S. Corps of Engineers c. Request for Variance - E. Konzack 2. Wilsey, Hamm and Blair - Planning Consultants UNFINISHED BUSINESS 1. City Hall facilities. 2. ORDINANCE NO. 18, AN ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER III TO TITLE II OF THE MORRO BAY MUNICIPAL CODE IMPOSING A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY AND PROVIDING FOR THE COLLECTION THEREOF. (Second and final reading) 3. ORDINANCE NO. 19, AN ORDINANCE CREATING TITLE X OF THE MORRO BAY MUNICIPAL CODE, ENTITLED FIRE PROTECTION AND PREVENTION AND ADOPTING A UNIFORM FIRE CODE. (Second and final reading) NEW BUSINESS 1. ORDINANCE NO. 20, AN ORDINANCE CREATING CHAPTER II TO TITLE X OF THE MORRO BAY MUNICIPAL CODE CREATING AND ESTABLISHING FIRE ZONES. ( First reading ) 2. Lease Site 133W 3. Resolution Granting Variance to E. Konzack 4. Resolution Requesting Installation of Stop Signs 5. Resolution Submitting a Budget for Expenditures of Funds Allocated from State Highway Fund to Cities 6. Morro Bay - Baywood Park road realignment and reconstruction: 7. Resolution Authorizing Establishment of Special Fund Accounts TIME RESERVED FOR INDIVIDUAL ACTION - Council Members CORRESPONDENCE ADJOURNMENT CALENDAR 1. Council Meetings - March 9 and 23, 1965. 2. Planning Commission Meetings - March 2 and 16, 1965. (Special Meeting) - February 24, 1965. 6 MINUTES - City Council Meeting February 23, 1965 Morro Union Elementary School Recreation Hall The City Council meeting convened at 7:30 P.M. in the Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and. Mayor Surfluh Absent: None MINUTES Councilman Zinn moved. reading of the Minutes Seconded. by Mr. Payne. moved. that the Minutes Seconded. by Mr. Payne. that the Council dispense with the of the meeting of February 9, 1965. Passed unanimously. Mr. Zinn then of that meeting be adopted as written. Passed.. HEARINGS, APPEARANCES AND REPORTS Mr. White, City Administrator, reported on the meeting of the Planning Commission held on February 16, 1965. In regard. to Lease Site 133W he said that the Planning Commission recommended. that the application be disapproved. Under the Review Report it was moved. by the Planning Commission that Jesse Drake work on the project with the Corps of Engineers. Mr. White said that the matter of the request for Variance by E. Konzack would need action by the City Council and. would. be brought up for action under New -Business. The Planning Commission has recommend.ed. that the Variance be granted.. Mr. White then asked. approval for a minute order in regard. to the expenditures of checks numbered. 646 through 755. MOTION:Mayor Surfluh moved that the expenditures as enumerated. on the two pages be approved. Seconded, by Mr. Payne. Passed unanimously. Mr. 'White informed the Council that he had. talked. to Senator Sturgeon to find. out what action had. been taken in regard. to the construction at Atascad.ero Beach State Park, and, the proposed. change of access to said park. Senator Sturgeon replied. that there was a meeting in Sacramento on Wednesday, February 24, 1965 that he would attend. and that should. provide answers. Nothing to report as of this date. UNFINISHED BUSINESS City Hall Facilities Mr. White said. that he was successful in acquiring the services of a licensed architect, W. J. Thomas of the firm of Thomas and. Leyd.enfrost, Bakersfield., who had. been working in this area and who contacted. his office to inquire Page 2 MINUTES - City Council Meeting February 23, 1965 about the agreement the City would work out with the Architect. They had no objections to signing the agreement, but requested. an additional paragraph inserted to read.: "The Inspector shall work under the Architect, and he shall make written semi-monthly reports to the Owner and. the Architect on the status of the work performed. Each semi-monthly report at the end of the month shall be certified. to by the Inspector, and. notarized." Njr. White recommended that the City retain the firm of Thomas and. Leyd.enfrost, and, ask them to come up -with some working drawings. He advised. the Council that the City Attorney had drawn up a resolution rescinding resolution No. 1-65, and. approving the signing of the agreement. MOTION: Mayor 'Surfluh moved. that Resolution No. 21-65, rescinding Resolution No. 1-65 be adopted, and that the Council approve and. authorize the signing of the agreement by the firm of Thomas and. Leydenfrost. Mr. Payne seconded. Roll call vote. Passed unanimously. ORDINANCE NO. 18 AN ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER III TO TITLE II OF THE MORRO BAY MUNICIPAL CODE IMPOSING A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY AND PROVIDING FOR THE COLLECTION THEREOF. (Second and final reading) MOTION: Mr. Payne moved that Ordinance No. 18 be read. by title only. Seconded. by Mr. Zinn. Passed.. Mr. White read Ordinance No. 18 by title only. Mayor Surfluh gave a short history of the work done by City Council on this transient tax ordinance and pointed out the obvious advantages to the City of the added income the tax would. bring in. Mr. Payne and. Mr. Crass added. other reasons for the City Council!s stand. in favor of this resolution. Mr. Whitey Case and. Mr. Joe Giannini spoke in opposition to the tax. Mrs. Lois Rowland commented at length in favor of the bed. tax. MOTION: Mr. Crass moved, that Ordinance No. 18 be adopted. Mayor 'Surfluh seconded. Roll call vote. Carried. unanimously. ORDINANCE NO. 19 AN ORDINANCE CREATING TITLE X OF THE MORRO BAY MUNICIPAL CODE, ENTITLED FIRE PROTECTION AND PREVENTION AND ADOPTING A UNIFORM FIRE CODE. (Second. and. final reading) MOTION: Mr. Crass moved. that Ordinance No. 19 be read by title only. Mr. Payne seconded. Passed. Mr. White read. Ordinance No. 19 by title only. Page 3 MINUTES - City Council Meeting February 23, 1965 MOTION: Mr. Crass moved that Ordinance No. 19 be adopted.. Mr. Payne seconded. Roll call vote. Carried unanimously. N'EW BUSINES ORDINANCE NO. 20 AN ORDINANCE CREATING CHAPTER II TO TITLE X OF THE MORRO BAY MUNICIPAL CODE CREATING AND ESTABLISHING FIRE ZONES. (First reading) MOTION: Mr. Payne moved, that Ordinance No. 20 be read by title only. Mr. Bowen seconded.. Passed unanimously. Mr. White read. Ordinance No. 20 by title only. He then produced. a map and, spoke of the need for fire zones in Morro Bay as they are required. by the National Board of Fire Underwriters in order to establish the most favorable insurance rates for the community. There are three fire zones, Fire Zone l,which is the most re- strictive, Fire Zone 2, which is slightly less restrictive, and. Fire Zone 3, which is the least restrictive in regard to type of construction. The City of Morro Bay will have Zones 2 and. 3, and. no Zone 1. LEASE SITE 133W Mr. White reported. that the Planning Commission voted. to disapprove the application of Mr. Case for lease site 133W. Much argument was heard from the floor, and discussion both from the Councilmen and from the floor. Mr. Case, Mr. Crill and Mr. Graham all took part. Mr. Spellacy, Director of Public Works, said. that he and. Mr. Taylor, City Engineer, had. examined. the lease site in question and, had recommended that the Planning Commission disapprove the application for this lease, as it would. not meet the requirements of the harbor master plan. Mr. White asked for a minute order, a motion to adopt the recommendation of the City Planning Commission, and, direct the City Administrator to notify the appropriate County officials of the action of the City Council and. City Planning Commission. MOTION: Mr. Zinn moved to adopt the recommendation of the City Planning Commission. Mr. Payne second.ed. Roll call vote. Carried unanimously. RESOLUTION NO. 22-65 RESOLUTION GRANTING VARIANCE TO MR. E. KONZACK Mr. Bickford, member of the City Planning Commission, explained. this request for variance to the City Council. Page 4 MINUTES - City Council Meeting February 23, 1965 MOTION: Mr. Zinn moved. that the resolution be adopted. Mr. Payne seconded. Roll Call vote. AYES: Mr. Crass, Mr. Payne, Mr. Zinn and Mayor Surfluh NOES: None ABSTAINED: Mr. Bowen Motion Passed,. RESOLUTION N0. 23-65 RESOLUTION REQUESTING INSTALLATION OF STOP SIGNS AT 6th and E STREETS Mr. White read the resolution in full. MOTION: Mr. Bowen moved. that the resolution be adopted. Mayor Surfluh seconded. Motion passed unanimously. RESOLUTION NO. 24-65 RESOLUTION SUBMITTING A BUDGET FOR EXPENDITURES OF FUNDS ALLOCATED FROM STATE HIGHWAY FUND TO CITIES. MOTION: Mayor Surfluh moved. that the Resolution be adopted. Mr. Bowen seconded. Roll call vote. Carried unanimously. RESOLUTION NO. 25-65 RESOLUTION REQUESTING COUNTY BOARD OF SUPERVISORS TO DESIGNATE MORRO BAY-BAYWOOD PARK ROAD WITHIN CITY LIMITS AS COUNTY HIGHWAY Mr. White reviewed the proposed. plans of the County in reconstructing the Morro Bay-Baywood. Park road and, then read. the resolution in full. MOTION: Mr. Payne moved. to adopt the resolution. Mr. Crass seconded.. Roll call vote. Carried unanimously. RESOLUTION NO. 26-65 RESOLUTION AUTHORIZING ESTABLISHMENT OF SPECIAL FUNDS ACCOUNTS. Mr. White stated the need for this request and read the resolution in full. MOTION: Mr. Zinn moved to adopt the resolution. Mr. Payne seconded.. Roll call vote. Carried. unanimously. CORRESPONDENCE 1. Letter from State Division of Highways informing the City Administrator that they have approved, a program of Freeway Planting for the City of Morro Bay. 2. Notice of the Morro Bay Planning Commission, setting time and. place for a special meeting. 3. Letter from Senator George Murphy giving assurance that he will work with our congressional. delegation in an effort to return Morro Rock to California. Page 5 MINUTES - City Council Meeting February 23, 1965 4. Letter from Morro Bay Union Elementary School District, transmitting a copy of a resolution prepared. by the District Attorney's office to transfer ownership of the Recreation Hall to the City of Morro Bay. 5. Office memorandum from LeRoy 0. Sherwin, Superintend.ent of the Department of Parks and. Beaches, reporting on the meeting of the California Marine Parks and, Harbors, February 13, 1965. 6. Letter from the San Luis Obispo School District transmitting a copy of the agreement between the San Luis Obispo School District and. the City of San Luis Obispo relating to the recreational use of school facilities and the development of same. 7. Copies of letters of proposal to bid. on lease sites. Mr. Virg Moores - Lease Sites 128 and 128W Mr. Allen L. Grant - Lease Sites Nos. 57 through 60 and. 57W through 60W Mr. Jack Dana - Lease site 114 8. Letter and. d.escription brochure from Gage -Babcock in regard to Fire Protection Engineering Services. 9. Several letters from Assemblymen of the California Legislature acknowledging receipt of the City of Morro Bay's Resolution concerning the City Council's support of Senate Joint Resolution Nos. 2 and 3. Among the signers were Assemblymen: Jerome R. Weldie, F. Douglas Ferrell, Milton Marks, John L. E. Collier, Alfred E. Alquist, Charles J. Conrad., John G. Veneman and. Charles Warren. OTHER BUSINESS Mr. Wes Mallery asked for the floor, and. upon being recognized. issued an invitation to the Mayor and all of the Councilmen to attend a meeting of the Veterans of Foreign Wars at Veterans Memorial Building at 1000'A.M. Sunday, February 28th. ADJOURNMENT There being no further business to come before the Council, Mr. Zinn moved to ad.journ the meeting to Executive Session. Mr. Crass second.ed. the motion. Passed. unanimously. The meeting was adjourned. to Executive Session at 9:14 P.M. Recorded by: 0. 4 , 4 X C. Ted. White City Administrator City of Morro Bay Q.- CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING February 9, 1965 - 7:30 P.M. Morro Union Elementary School Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call MINUTES 1. Regular Meeting of January 26, 1965. 2. Special Meeting of February 3, 1965. HEARINGS, APPEARANCES & REPORTS 1. Report on Morro Bay Harbor. 2. Report on Atascadero Beach State Park. 3. Report on Planning Commission Actions. UNFINISHED BUSINESS 1. City Hall Facilities. 2. ORDINANCE NO. 15 - AN ORDINANCE REPEALING CHAPTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE, KNOWN AS THE BUILDING CODE, AND ADOPTING BUILDING REGULATIONS. (Second. and final reading) 3. ORDINANCE No. 17 - AN ORDINANCE CREATING CHAPTER III TO TITLE IX OF THE MORRO BAY MUNICIPAL CODE, ADOPTING STANDARD IMPROVE- MENT SPECIFICATIONS AND DRAWINGS (Second and. final reading) 4. Request for lease of Lease Sites 73 and 73W - Palmer Peterson. NEW BUSINESS 1. ORDINANCE NO. 18 - AN ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER III TO TITLE II OF THE MORRO BAY MUNICIPAL CODE IMPOSING A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY AND PROVIDING FOR THE COLLECTION THEREOF. (First reading) 2. Resolution Establishing Policy for the use of Revenue received from the Uniform Transient Occupancy Tax. 3. ORDINANCE No. 19 - AN ORDINANCE CREATING TITLE X OF THE MORRO BAY MUNICIPAL CODE, ENTITLED FIRE PROTECTION AND PREVENTION AND ADOPTING A UNIFORM FIRE CODE.(First reading) 4. Resolution Granting Variance to J. H. Poe. 5. Resolution Expressing Appreciation to County Planning Commission. 6. Resolution Establishing Policy on Tree Removal. 7. Resolution Authorizing and. Approving the Establishment of a Construction Account. 8. Proclamation - Boy Scout Week - February 7 to 13. 1 Page 2 - Agenda CITY COUNCIL MEETING February 9, 1965 INDIVIDUAL DETERMINATION AND/OR ACTION - COUNCIL MEMBERS CORRESPONDENCE ADJOURNMENT CALENDAR 1. Council Meetings - February 23 and. March 9. 2. Planning Commission Meetings - February 16 and March 2. MINUTES - City Council Meeting February 9, 1965 Morro Union Elementary School Recreation Hall The City Council meeting convened at 7:35 P.M. in the Recreation Ball with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh Absent : None MINUTES Mr. White, City Administrator, noted that clarification was needed on the second motion on page 5 of minutes of meeting of January 16, 1965. Motion should read: "... that the consecutive years that the Planning Commissioners serve be one for one year, two for two years, two for three years and two for four years..." MOTION: Mayor Surfluh moved that reading of the minutes of the meeting of January 26, 1965, be dispensed with. Seconded by Mr. Payne. Carried unanimously. MOTION: Mr. Zinn moved that the minutes of the meeting of January 26, 1965, be adopted as written and clarified. Seconded by Mr. Crass. Carried unanimously. IEARINGS, APPEARANCES AND REPORTS 1. Report on Morro Bay Harbor Mayor Surfluh reported that he had arranged a meeting between representatives from Board of Supervisors, City Council, City and County Attorneys, Administrators from,both bodies, and representatives were expected from Attorney Generals office and State Lands Commission. The meeting was a further attempt by the City of Morro Bay to resolve the waterfront situation. Mayor Surfluh stated that since incorporation much time and effort had been spent by City to improve the business climate for citizens along the water- front, but felt.it to be unreasonable and inequitable that the citizens of Morro Bay alone assume in full the obligations and liabilities of the waterfront. The Mayor added that the Title Reports, ordered by the Board of Supervisors to be delivered four weeks earlier, had only just been received, leaving in- sufficient time for a thorough review of them prior to the meeting of February 16th. He expressed the hope that there -would be a meeting of minds at the upcoming meeting. I. Report on Atascadero Beach State Park Mr. White read a brief history of the formation of the plans pertaining to the installation of campgrounds and trailer park at Atascadero Beach by the State Beaches and Parks. Mayor Surfluh read a petition signed by 27 residents of that area stating their reasons for opposing the plan. Harry Wilbur offered a second petition containing 81 signatures. Mr. White asked for a copy. Page 2 MINUTES - City Council Meeting February 9, 1965 Mayor Surfluh stated that the Councilmen were in complete accord with the statements of the petition, and that the City Attorney and staff had been working on the matter and felt that an equitable solution could be worked out. While the City had no control over the State's action in this matter, they did have control of the access to the area. He also announced that Senator Vernon Sturgeon and Mr. DeTurk had been contacted and were planning to meet on the site with Supervisor Borradori, City Administrator and Councilmen, and all other interested parties at 2:00 P.M. February 11th. . There were a number of opposing statements from the floor, including one from Judge Fred Schenk, who•+advdcated the pre- paration of a Resolution of opposition. Each Councilman stated his firm opposition to the campground and trailer park, but they felt that an attempt to negotiate should be made before more forceful measures were employed. Mayor Surfluh assured the people present that everything pos- sible would be done, and was being done, to change the location of the trailer park if possible, or at least to find a solution they could all live with. He asked the people to give the City and State. -an opportunity to negotiate in an atmosphere of harmony. 3. Report on Planning Commission Actions Request for variance from J. H. Poe. Mr. White said the Planning Commission had recommended approval, and a resolution granting same was under New Business. Appeal of E. L. Davis for a variance had been reviewed. This pertained to a 15-foot front setback and a 5-foot rear setback for proposed construction at Second and Main Streets which had been denied. Mr. Davis had been asked to submit a written appeal and the written appeal had contained an alternate proposal for a 10-foot front and rear setback. The matter had been referred back to Mr. Davis with a recommen- dation that he re -apply for a variance using the alternate proposal. Hearing would be at the regular Planning Commission meeting of February 16, 1965. The William Wilson request for a sign on his lease site on the Embarcadero was approved subject to certain restrictions which had been recommended. Palmer Peterson's request to lease Lease Sites 73 and 73-W was reviewed by the Planning Commission, and approval recommended subject to terms and conditions as specified in lease document. Resolution granting same was under New Business. UNFINISHED BUSINESS 1. City Hall Facilities Mr. McIntire, City Attorney, reported on his meeting with Mr. Ross, prospective architect for City Hall addition, with respect to points of disagreement in the contract. To date there had been no word from Mr. Ross concerning a proposed change on which his opinion had been asked. Page 3 MINUTES - City Council Meeting February 9, 1965 Mr. Ross had made available a memorandum he had received from Mr. Burns, an attorney for the Institute of Architects. The memorandum pointed out that architects are responsible for errors or omissions which constitute negligence under the circumstances, but are not guarantors or indemnitors of their work. Mr. McIntire said that the main point of contention, Section 4-6 "Indemnity Clause," is relatively new in this geographical area, an oversight that should be corrected, but the question before the Council was whether Council wished to correct it now. He believed that if this clause were omitted the agreement would be acceptable to Mr. Ross. It was felt that it was a clause that possibly no architect in the area, including A.I.A. contractors, would find acceptable. Mr. Zinn asked that clause objected to by Mr. Ross be read again. Mr. McIntire read the clause and stated that the last sentence thereof, "Acceptance by owner of any item of service as provided in this agreement, or of the project, shall not release architect from his obligations under this Section 4-6.," was acceptable to architect. After considerable discussion by the Councilmen, Mayor Surfluh felt that in the interest of expediency, action should be taken without further delay. The additional three or four offices to be added to City Hall were urgently needed. MOTION: Mayor Surfluh moved that City Administrator, along with City Attorney, ascertain this week if any other archi- tects within practical geographic limits would be willing to sign the contract which City Attorney had prepared, and if unacceptable to any architect, then City Administrator and City Attorney proceed as soon as possible with as tight a contract as could be obtained from a local architect. Seconded by Mr. Bowen. Carried unanimously. 2. ORDINANCE NO. 15 AN ORDINANCE REPEALING CHAPTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE, KNOWN AS THE BUILDING CODE, AND ADOPTING BUILDING REGULATIONS. (Second and final reading) MOTION: Mr. Zinn moved that Ordinance No. 15 be read by title only. Seconded by Mayor Surfluh. Roll call vote: Carried unanimously. Mr. White read Ordinance No. 15 by title only. MOTION: Mr. Bowen moved that Ordinance No. 15 be adopted. Seconded by Mayor Surfluh. Roll call vote.: Carried unanimously. 3. ORDINANCE NO. 17 AN ORDINANCE CREATING CHAPTER III TO TITLE IX OF THE MORRO BAY MUNICIPAL CODE, ADOPTING STANDARD IMPROVEMENT SPECIFICATIONS AND DRAWINGS. -i,:o: Lr• Mr. White explained that a typographical error existed and this was not the second reading. He explained that this was an emergency ordinance as there was none currently in existence to Page 4 MINUTES - City Council Meeting February 9, 1965 cover the particular subject. It adopted by reference 56 pages containing standard specifications, improvement specifications and drawings, set forth requirements in the building field pertaining to any development or subdivision, and installation of anything on rights of way or easements. It must be read in full and passed by a four -fifths vote. Mr. White read Ordinance No. 17 in full. MOTION: Mayor Surfluh moved that Ordinance No. 17 be adopted. Seconded by Mr. Zinn. Roll call vote: Carried unanimously. 4. Request for lease of Lease Sites 73 and 73W - Palmer Peterson. RESOLUTION NO. 14 RESOLUTION RECOMMENDING APPROVAL OF LEASE SITES 73 AND 73-W. Mr. White read Resolution No. 14 in its entirety. MOTION: Mr. Zinn moved that Resolution No. 14 be adopted. Seconded by Mr. Payne. Roll call vote: Carried unanimously. A copy of said resolution to go on file in City Hall. 5. Not on Agenda) Mr. White stated that several weeks ago the City Attorney was requested to prepare quit -claim deed to highways, roads, streets, alleys and other public ways in the City of Morro Bay for the County's signature. Said deeds had been prepared along with a resolution. RESOLUTION NO. 15 RESOLUTION REQUESTING SAN LUIS OBISPO COUNTY TO EXECUTE QUIT CLAIM DEED FOR ALL HIGHWAYS, ROADS, STREETS, ALLEYS AND OTHER PUBLIC WAYS. Mr. White read the resolution. MOTION: Mayor Surfluh moved that Resolution No. 15 be adopted. Seconded by Mr. Payne. Roll call vote: Carried unanimously. A copy of said resolution to go on file in City Hall. 6. (Not on Agenda) It was explained by Mr. White that in the preparation of resolution pertaining to assessing and computing of City taxes, a typographical error had been made setting forth the year as 1964 instead of 1965, and it had to be corrected by resolution. RESOLUTION NO. 16 RESOLUTION CORRECTING ERROR IN AGREEMENT. Mr. White read the resolution. MOTION: Mr. Zinn moved that Resolution No. 16, correcting error in agreement - changing date from 1964 to 1965 in the second "Whereas" be adopted. Seconded by Mayor Surfluh. Carried unanimously. A copy of said resolution to go on file in City Hall. Page 5 MINUTES - City Council Meeting February 9, 1965 NEW BUSINESS 1. ORDINANCE NO. 18 AN ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER III TO TITLE II OF THE MORRO BAY MUNICIPAL CODE IMPOSING A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY AND PROVIDING FOR THE COLLECTION THEREOF. (First reading) Mr. Zinn read a brief statement concerning the proposed bed tax, which included State of California section of Government Code, Section 51030, authorizing bed tax legislation, and said that ordinance must be read in full because of being a tax ordinance. Mr. White and Mr. McIntire shared in reading Ordinance No. 18 in its entirety. Second reading would be February 23, 1965. Present at the meeting was a preponderance of motel owners, most of whom expressed their opposition to the bed tax. Mr. Joe Giannini read the report of a survey made of 130 businessmen in the Morro Bay area, most of whom were opposed to the bed tax. Mayor Surfluh, having heard the opinions expressed from the floor, agreed that most of those present appeared to be against the ordinance, and said that Council would have to take the matter under advisement. 2. Resolution Establishing Policy for the Use of Revenue received from the Uniform Transient Occupancy Tax. Not acted upon. 3. ORDINANCE NO. 19 AN ORDINANCE CREATING TITLE X OF TIE MORRO BAY MUNICIPAL CODE, ENTITLED FIRE PROTECTION AND PREVENTION AND ADOPTING A UNIFORM FIRE CODE. (First reading) MOTION: Mr. Payne moved that Ordinance No. 19 be read the first time by title only. Seconded by Mr. Zinn. Roll call vote: Carried unanimously. Mr. White read Ordinance No. 19 by title only. Second reading to be February ?3, 1965. 4. RESOLUTION NO. 17 RESOLUTION GRANTING VARIANCE TO J. H. POE Mr. White read Resolution No. 17 in full. MOTION: Mr. Bowen moved that Resolution No. 17 be adopted. Seconded by Mr. Payne. Roll call vote: Carried unanimously. A copy of said resolution to go on file in City Hall. 5. RESOLUTION N0. 18 RESOLUTION EXPRESSING APPRECIATION TO THE SAN LUIS OBISPO PLANNING COMMISSION Mr. White read Resolution No. 18 in full. Page 6 MINUTES - City Council Meeting February 9, 1965 MOTION: Mr. Bowen moved that Resolution No. 18 be adopted. Seconded by Mayor Surfluh. Roll call vote: Carried unanimously. A copy of said resolution to go on file in City Hall. 6. RESOLUTION NO. 19 RESOLUTION ESTABLISHING POLICY ON TREE REMOVAL FROM CITY RIGHTS OF WAY MOTION: Mr. Zinn moved that Resolution No. 19 be referred to by title only. Seconded by Mayor Surfluh. Carried unanimously. MOTION: Mr. Zinn moved that Resolution No. 19, a resolution establishing policy on tree removal from city rights of way,be adopted. Seconded by Mayor Surfluh. Roll call vote: Carried unanimously. A copy of said resolution to go on file in City Hall. 7. RESOLUTION NO. 20 RESOLUTION AUTHORIZING AND APPROVING THE ESTABLISHMENT OF A CONSTRUCTION ACCOUNT. Mr. White explained that since a separate cost accounting system was required in the construction of the addition to the Wastewater Treatment Plant, this resolution would set up a construction account for the receipt and disbursement of funds. Mr. White read Resolution No. 20 in full. MOTION: Mr. Zinn moved that Resolution No. 20 be adopted. Seconded by Mr. Bowen. Roll call vote: Carried unanimously. A copy of said resolution to go on file in City Hall. 8. Proclamation - Boy Scout Week - February 7 to 13. This was to call attention to proclamation signed by Mayor Surfluh proclaiming the week of February 7 to 13th as Boy Scout Week. 9. (Not on Agenda) Mr. White said that City was in receipt of a letter from Southern Counties Gas Company forwarding their written acceptance of terms and conditions of Franchise Ordinance No. 11, and agreeing to observe and keep provisions thereof. Minute action requested. MOTION: Mr. Payne moved that letter from Southern Counties Gas Company be filed. Seconded by Mayor Surfluh. Carried unanimously. 10. Mr. White advised the Councilmen that if any individual councilman had anything to bring before the Council, it would be handled at this time. Mr. Zinn asked if there was any up to date information on the flag pole for City Hall and Mr. White assured him it would probably be built Thursday or Friday of that week. Page 7 MINUTES - City Council Meeting February 9, 1965 CORRESPONDENCE 1. Letter from Garing, Taylor & Associates, Civil Engineers, announcing association with Robert Grunwald and Associates, City and Regional Planning Consultants. They were interested in working with City on its urban planning program and wished to introduce Mr. Grunwald who was proficient in this field, who could discuss with the City Council their needs and desires in the planning program. 2. Letter from Wilsey, Hamm and Blair, also interested in submitting plans for a similar study. 3. Letter from State Division of Highways, February 3, 1965, transmitting tabulations for January 1965 - apportionments and payments pursuant to Section 186.1 of Streets and Highways Code, and quarterly allocation and payment pursuant to Sections 2107 and 1107.5. 186.1 Funds - $2,130.58. Total to date - $$120887.60. 2107 Funds - $18,711.76 2107.5 Funds - $$1,000.00 Mr. White stated that these funds were on deposit in Special Gas Tax Street Improvement fund. 4. Information letter from State Division of Highways, February 3, 1965, containing instructions relative to procedures required by law in processing the Collier -Unruh Local Transportation Development Act. 5. Brochure from State of California Resources Agency - Guide for State Grant Program under State Park Bond Act of 1964, for acquisition of outdoor recreation areas by Counties and other local government agencies. 6. Communications from Board of Supervisors: a) Board Order No. 24, January 25, 1965, pertaining to advertisement for lease of Lease Sites 129-W through 133-W and the purchase of dock, Regal Sea Food Company. Referred to Administrative Officer and Department of Parks and Beaches for report back to Board of Supervisors. b) Board Order No. 51, January 18, 1965, concerning request of Hugh Case to bid on Morro Bay harbor Lease Site 133-W. Referred to Planning Commission for concurrence with City Planning Commission and City Council for recommendation back to Board of Supervisors. c) Board Order No. 58, January 11, 1965, authorizing release to City of Morro Bay the title report on.Morro Bay tidelands, subject to conditions and recommendations of District Attorney. d) Board Order No. 23, January 25, 1965, ordered filing of Morro Bay Resolution No. 6-65. e) Board Order No. 11, January 15, 1965, ordered filing of Morro Bay Resolution No. 5-65. Page 8 MINUTES - City Council Meeting February 9, 1965 f) Resolution No. 22-65, January 18, 1965, transferring funds accruing from the dissolution of Morro Bay Lighting District, to City of Morro Bay. Funds have been received. 7. Letter from Burt L. Talcott, February 2, 1965, regarding rescheduled meeting to March 9, 10:00 A.M. for Review of Reports. S. Letter from Schramm Inc., asking for information concerning compressors. 9. Notice from U.S. Army Engineers, February 5, 1965, of public hearing March 9, Review of Reports, at Veterans Hall. 10. Letter from Senator Thomas H. Kuchel, January 28, 1965, with attached copy of report from U.S. Coast Guard concerning aid to navigation for Morro Bay Harbor entrance. 11. Letter from Richard Gallagher, Road Commissioner -Surveyor, February 1, 1965, regarding grading of portions of Eighth and D Streets in Morro Bay. 12. Letter from J. B. Hannour Company. 13. Letter from Kendall Jenkins, February 4, 1965, asking that Atascadero Beach State Park matter be put on agenda. 14. Copy of a letter to Moffatt and Nichol, Consultants, from Ned Rogoway, regarding notice of public hearing at Morro Bay and requesting them to be in attendance in regard to Master Plan. 15. Letter from Dixon Conrad, February 1, 1965, confirming meeting on Morro Bay matters requested by Mayor Surfluh for 1:30 P:M. February 16th. MOTION: Mr. Zinn moved that communications read at meeting be stamped as received and filed. Seconded by Mr. Crass. Carried unanimously. MOTION: Mr. Crass moved that State Park Bond Act of 1964 on, State Grant Program be referred to Planning Commission. Seconded by Mayor Surfluh. Carried unanimously. ADJOURNMENT MOTION: Mr. Crass moved that meeting be adjourned to executive session. Seconded by Mr. Payne. Carried unanimously. Meeting adjourned at 10:32 P.M. Recorded by: C. Ted White City Administrator City of Morro Bay MINUTES - City Council Executive Session February 9, 1965 - 10:45 P.M. City Hall, 595 6th Street, Morro Bay Meeting called, to order at 10:45 P.M. by Mayor Surfluh ROLL CALL: Present: Councilmen Crass, Payne, Zinn and. Mayor Surfluh Absent: Councilman Bowen Others present: Mr. McIntire and. Mr. white BUSINESS 1. Discussion was held. relative to Morro Bay Tidelands litigation and, pending meeting with the Board, of Supervisors in regard. to a settlement proposal. 2. Discussion held in regard. to Tidelands litigation and proposed. meeting with representatives of the State Lands Commission and. the Attorney General in Los Angeles on February 10, 1965. Motion made by Councilman Payne that the Mayor, Councilman Zinn, Mr. McIntire and Mr. White be authorized, to attend, this meeting. Motion seconded by Councilman Crass. Passed. Unanimously 3. Councilman Payne made the motion that the Committee consisting of Mayor Surfluh and. Councilman Zinn be authorized. to submit a settlement proposal to the County. Seconded by Councilman Crass and. passed. unanimously. 4. Motion by Mayor Surfluh to adjourn. Seconded by Councilman Payne. Passed unanimously. Meeting adjourned. at 12:05 A.M. Recorded. by: C. Ted. White City Clerk City of Morro Bay 0 0 CITY OF MORRO BAY City Council NOTICE OF SPECIAL MEETING February 2, 1965 9:00 A. M. Meeting to be held at 12:00 noon on Wednesday, February 3, 1965 at the City Hall, 595 6th Street, Morro Bay. The following matter will be considered by the Ctiy Council. RESOLUTION NO. 13-65, RESOLUTION OPPOSING. UNIFICATION OF SCHOOLS. J. S. Surflu Mayor 0 4P MINUTES - CITY COUNCIL MEETING SPECIAL MEETING February 3, 1965 - 12:00 Noon City Hall The City Council meeting convened at 12:02 P. M. in the City Hall. PRESENT: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh ABSENT: None BUSINESS OF THE SPECIAL MEETING 1. Resolution Opposing Unificati6n of Schools, Resolution No. 13-65. Mayor Surfluh introduced the resolution and asked the City Administrator to read it in full. Motion: Mayor Surfluh moved that Resolution No. 13-65 be adopted. Seconded by Councilman Zinn. Roll Call Vote: Carried unanimously. A copy of the resolution to go on file in the City Hall. ADJOURNMENT 1. Motion: Councilman Zinn moved that the meeting be adjourned. Seconded by Councilman Bowen. Carried unanimously. Meeting adjourned at 12:06 P. M. RECORDED BY: �G. Ted White, City Adminis— t MINUTES OF CITY COUNCIL EXECUTIVE SESSION January 26, 1965 - 8:50 P. M. City Hall 595 6th Street Meeting called to order at 8:50 P. M. by Mayor Surfluh PRESENT were: Mayor Surfluh, Councilmen Payne, Zinn, Bowen and Crass OTHERS PRESENT were: C. Ted White, City Administrator and M. V. McIntire, City Attorney Mayor Surfluh asked Mr. McIntire to review current happenings in regards to Tidelands litigation. No action taken at this meeting. Meeting adjourned at 12:05 A. M., January 27, 1965. RECORDED BY: C. Ted White City Clerk CITY OF MORRO BAY • AGENDA - CITY COUNCIL MEETING January 26, 1965 - 7:30 P, M. Morro Union Elementary School Recreation Hall Call to order Pledge of allegiance Invocation Roll call NiTMUTES I. Regular meeting of January 12, 1965. 1:1;:ARINGS_. APPEARANCES & REPORTS 1. Financial report, 1-1-65 to 1-25-65 UNFINISIiED BUSINESS 1. City Hall facilities 2. Resolution Expressing Appreciation to Winner of Design Contest for City Seal. 3. Resolution Expressing Appreciation for Planting and Landscaping of City Buildings. 4,ORDINANCE NO. 13 - AN ORDINANCE CREATING TITLE IX OF THE MORRO BAY MUNICIPAL CODE, PROVIDING FOR PUBLIC WORKS. (Second and final reading) 5. ORDINANCE NO. 14 - AN ORDINANCE, OF THE CITY OF MORRO BAY CREATING CHAPTER VII TO TITLE II OF THE MORRO BAY MUNICIPAL CODE AND ESTABLISHING THE POSITION OF CITY ADMINISTRATOR, DEFINING THE DUTIES AND POWERS OF THE CITY ADMINISTRATOR AND PROVIDING COMPENSATION THEREFOR. (Second and final reading) NEW BUSINESS 1. ORDINANCE NO. 16 - AN ORDINANCE ESTABLISHING, APPROVING AND ADOPTING A BUDGET FOR THE CITY OF MORRO BAY FOR THE FISCAL YEAR 1964-65. (First reading for adoption) 2. - ORDINANCE NO. 15 - AN ORDINANCE REPEALING CHAPTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE, IMOWN AS THE BUILDING CODE, AND ADOPTING CHAPTERS I THROUGH IV OF TITLE IV, BUILDING REGULATIONS. (First reading) 3. ORDINANCE NO. 17 - AN ORDINANCE CREATING CHAPTER III TO TITLE IX OF THE MORRO BAY MUNICIPAL CODE, ADOPTING STANDARD IMPROVEMENT SPECIFICATIONS AND DRAWINGS. (First reading) 4. Resolution Requesting Extension of Highway 41 to Morro Rock State Park. 5. Resolution Protesting Reapportionment of State Senate. 6. Request to County Road Dei,artment for street improvements. 7. Planning Commission requests a. Establish term of appointed Planning Commissioners. b. Request Division of Highways to plant freeways CORRESPONDENCE ADJOURNMENT 1. Next regular meeting - February 9, 1965 -000- Planning commission - February 2, 1965 February 16, 1965 J MINUTES - City Council Meeting January 26, 1965 Morro Union Elementary School Recreation Hall The City Council meeting convened at 7:32 P.M. in the Recreation Hall with the pledge of allegiance. Mayor Surfluh gave the Invocation. ROLL CALL: Present: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh Absent : None MINUTES: MOTION: Mr. Zinn moved that the reading of the minutes of the meeting of January 12, 1965, be dispensed with. Seconded by Mr. Payne. Carried unanimously. MOTION: Mr. Crass moved that the minutes be approved as written. Seconded by Mr. Payne. Passed unanimously. HEARINGS. APPEARANCES & REPORTS 1. Financial Report, l/l/65 to 1/25/65 Mr. White presented financial report for checks drawn, on the General Fund to January 21, 1965, payment to Bank of America for payroll service; final payment to Willamette Tug and Barge Company; lease payments for Morro Del Mar Fire Department; painting of two pickups to conform with standard white of City vehicles; and operational and supply expenses. MOTION: Mr. Zinn moved that the Financial Report for the period January 1, 1965, to January 21, 1965, be accepted and filed. Seconded by Mr. Bowen. Carried unanimously. 2. (Not on agenda) Mr. White, City Administrator, presented to the Council the problem of Mr. and Mrs. Earl L. Davis who had driven from Los Angeles to appeal the decision of the City and County Planning Commission to deny a five-foot setback on Second and Main Streets for their proposed motel. He stated that the City had received no official notification of Mr. Davist appeal. There had been a misunderstanding and a break- down in communications and the matter was now beyond the 10-day period allowed for an appeal. Several alternatives were discussed by the Council and it was finally decided to have Mr. and Mrs. Davis submit a written appeal to be on the agenda of the meeting of February 9, 1965. Meantime, the Planning Commission could review the matter at their meeting of February 2, 1965. UNFINISHED BUSINESS 1. City Hall Facilities Mr. White reported that an agreement for architectural services, prepared by the City Attorney, had been submitted to John R. Ross who had been selected to draw plans and specifications for the additions to the City Hall. Mr. Ross took exception to three items in the agreement. His letter had been submitted to the City Attorney who recommended no Page 2 MINUTES - City Council Meeting January 26, 1965 0 changes be made. If Mr. Ross refused to agree to the terms dt would be necessary to obtain another architect. Mr. Ross objected specifically to allowing owner to determine current market value of labor and materials. He wished to make an addition to Article 3 to the effect that the supervision of architect be distinguished from the continuous personal superintendence to be obtained by the employment of a superintendent. Mr. Ross was opposed to the entire third paragraph pertaining to the requirement, upon notice of owner, to repair, replace or otherwise remedy at architect's expense any defects arising out of defects in design.. Mr. McIntire explained that stipulations set forth in agreement, particularly the third one objected to, were not new, and he had seen many difficulties arise from lack of such a clause. It was decided to accept the attorneyls recommendations and to notify Air. Ross of Councilts action. Mr. McIntire agreed to discuss the matter with Mr. Ross. 2. RESOLUTION NO. 8 RESOLUTION EXPRESSING APPRECIATION TO WINNER OF DESIGN CONTEST FOR CITY SEAL Mr. White read Resolution No. 8 in its entirety. MOTION: Mayor Surfluh moved that Resolution No. 8 be adopted. Seconded by Mr. Bowen. Roll call vote: Carried unanimously. A copy of said resolution to go on file in City Hall. 3. RESOLUTION NO, 9 RESOLUTION EXPRESSING APPRECIATION FOR PLANTING AND LANDSCAPING OF CITY BUILDINGS Mr. White read resolution No. 9 in its entirety. MOTION: Mr. Zinn moved that Resolution No. 9 be adopted. Seconded by Mr. Payne. Roll call vote: Carried unanimously. A copy of said resolution to go on file in City Hall. _ 4. ORDINANCE NO. 13 AN ORDINANCE CREATING TITLE IX OF THE MORRO BAY MUNICIPAL CODE, PROVIDING FOR PUBLIC WORKS (Second and final reading) MOTION: Mr. Zinn moved that Ordinance No. 13 be referred to and read by title only. Seconded by Mr. Bowen. Roll call vote: Carried unanimously. Mr. White read Ordinance No. 13 by title only. MOTION: Mr. Zinn moved that Ordinance No. 13 be adopted. Seconded by Mr. Payne. Roll call vote: Carried unanimously. 0 0 Page 3 MINUTES - City Council Meeting January 26, 1965 5. ORDINANCE NO. 14 AN ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER VII TO TITLE II OF THE MORRO BAY MUNICIPAL CODE AND ESTABLISHING THE POSITION OF CITY ADMINISTRATOR, DEFINING THE DUTIES AND POWERS OF THE CITY ADMINISTRATOR AND PROVIDING COMPENSATION THEREFOR (Second and final reading), MOTION: Mr. Zinn moved that Ordinance No. 14 be read by title only. Seconded by Mr. Payne. Roll call vote: Carried unanimously. Mr. White read Ordinance No. 14 by title. MOTION: Mayor Surfluh moved that Ordinance No. 14 be adopted. Seconded by Mr. Crass. Roll call vote: Carried unanimously. NEW BUSINESS I. ORDINANCE NO. 16 AN ORDINANCE ESTABLISHING, APPROVING AND ADOPTING A BUDGET FOR THE CITY OF MORRO BAY FOR THE FISCAL YEAR.1964-65 (First reading) Mayor Surfluh explained that an emergency ordinance must be read in full and requires a four -fifth majority for adoption. Mr. White read Ordinance No. 16 in its entirety. MOTION: Mr. Payne moved that Ordinance No. 16, establishing,. approving and adopting a budget for the City of Morro Bay for the fiscal year 1964-65, be approved and adopted. Seconded by Mr. Zinn. Roll call vote: Carried unanimously. 2. FINANCE N0. 15 AN ORDINANCE REPEALING CHAPTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE, KNOWN AS THE BUILDING CODE, AND ADOPTING BUILDING REGULATIONS': (First reading) It was explained by Mr. White that the City had adopted by reference the County ordinance. 'It had now been revised to meet the Cityts particular needs; water, sewer and resort development items had been deleted. MOTION: Mr. Zinn moved that Ordinance No. 15 be referred to by title only for the first reading. Seconded by Mr. Bowen. Roll call vote: Carried unanimously. Mr. White read Ordinance No. 15 by title only. Final reading to be at the meeting of February 9, 1965. 3. ORDINANCE NO. 17 AN ORDINANCE CREATING CHAPTER III TO TITLE IX OF THE MORRO BAY MUNICIPAL CODE, ADOPTING STANDARD IMPROVEMENT SPECIFICATIONS AND DRAWINGS (First.reading) Mr. White asked that this matter be deferred until the meeting of February 9, 1965. He explained that it involved the adoption Page MINUTES - City Council Meeting January 26, 1965 by reference of a voluminous book which had not yet been published. He said ordinance could be adopted as an emergency measure at the next meeting. 4. RESOLUTION NO. 10 RESOLUTION REQUESTING EXTENSION OF STATE HIGHWAY 41 TO MORRO ROCK STATE PARK IN.THE.CITY.OF MORRO.BAY Mr. White read Resolution No..10 in its entirety. He said it was the recommendation of the City staff that this resolution be submitted to Senator Vernon L. Sturgeon who is a member of the Senate Transportation and Highways Commission. A sketch of the proposed extension was displayed. MOTION: Mr. Crass moved that Resolution No. 10 be adopted. Seconded by Mr. Payne. Roll call vote: Carried unanimously. A copy of said resolution to go on file in City Hall. 4 5. RESOLUTION NO. 11 RESOLUTION REQUESTING PASSAGE BY THE STATE ASSEMBLY OF SENATE JOINT RESOLUTIONS RELATING TO REAPPORTIONMENT 6. Mr. White read Resolution No. 11 in its entirety. MOTION: Mr. Zinn moved that Resolution No. 11 be adopted. Seconded by Mr. Bowen. Roll call vote: Carried unanimously. A copy of said resolution to go on file in City Hall. Request to County Road Department for Street Improvements It was explained by Mr. White that,a request had been received from Dr. Newman of Morro Union Elementary School to have street repaired and brought to grade in the area of recent installation of curbs and sidewalks. Although the present ordinance didn't require the County to do this work when installation not made at time of construction, the Road Commissioner had asked the City to submit a letter asking that gas tax funds, allocated to road maintenance and construction, be used to reconstruct that portion of 8 and D Streets. It would be done at no cost to the City. MOTION: Mr. Payne moved that the City Administrator be asked to request the County to reconstruct said streets. Seconded by Mr. Zinn. Carried unanimously. 7. Planning Commission Requests a. Establish term of appointed Planning Commissioners Mr. McIntire stated that the terms of the Planning Commissioners must be staggered and any combination of one, two, three, or four-year terms would be acceptable. Thereafter, vacancies occurring through expiration of term would be for four years at the pleasure of Council. There was some division of opinion as to whether Council or Planning Commission should determine the length of terms of commissioners, length of terms, and method of choosing. Page 5 MINUTES - City Council Meeting January 26, 1965 MOTION: Mr. Payne moved. that Council set the guide lines and. that Planning Commissioners select by lot at their next meeting three members to serve three years, two members to serve two years, and two members to serve one year. Seconded. by Mr. Bowen. Mr. Zinn said. that this plan would. leave the fourth year with no Planning Commissioner seats up for appointment. To avoid. this he suggested. a one, two, two and. two apportionment, so that there would. be seats open every year. Roll call vote was requested by Mayor Surfluh Ayes: Councilmen Bowen and. Payne Noes: Councilmen Crass, Zinn and, Mayor Surfluh MOTION: Mr. Zinn moved. that the Council set the following rules: For Planning Commission to determine by lot the one member to serve one year, two members to serve two years, two members to serve three years and. two members to serve four years. Seconded by Mr. Crass Roll call vote: Ayes: Councilmen Bowen, Crass, Zinn and Mayor Surfluh Noes: Councilman Payne Motion carried. b. Request Division of Highways to plant freeways RESOLUTION NO. 12 RESOLUTION REQUESTING CALIFORNIA DIVISION OF HIGHWAYS TO PLANT FREEWAYS IN AND AROUND MORRO BAY Mr. White read. Resolution No. 12 in its entirety. MOTION: Mr. Zinn moved. that Resolution No. 12 be adopted.. Second.ed. by Mr. Bowen. Roll call vote: Carried unanimously. A copy of said. resolution to go on file in City Hall. Mayor Surfluh introduced, the matter of Appointing a represent- ative to the Water Board, and stated. that it was customary to appoint a member of the Council, usually the Mayor. It was the decision of the Council to take care of this matter in Exec- utive Session. CORRESPONDENCE Letter from Division of Highways, District 5, transmitting tabulation of gas tax available to Morro Bay as of January 15, 1965. Letter from Louise Domenghini of California Heart Association, pertaining to designation of week of February 21 to 28 as California Heart Fund. Campaign Week --annual drive for fund.s. Permit for soliciting was requested. Mr. White here requested, the cooperation of the citizens of Morro Bay in asking solicitors and door to door salesmen for their permits. He said. if citizens would. cooperate by asking solicitors to identify them- selves throughttheir permits, and. by informing City when such permits were not presented., it would be a protection for all concerned and. would. help the City to enforce the law. Letter from League of California Cities giving 1965 legislative session and -municipal issues. Additional copies available. 6 0 Page 6 MINUTES - City Council Meeting January 26, 1965 Copy of Board Order covering quit claim deed transferring to City property at Atascadero Beach adjacent to Wastewater Treatment Plant, Block 28D, taking in all but four individually owned lots. Property required for City maintenance yard, water storage plant and possible plant expansion; and'Mr. White said City would have to wait for deed and acceptance by Resolution from County. Mr. White reminded the Council of quarterly meeting of Channel Counties, Division of League of California Cities to be held at 6:30 P.M. Thursday,.January 28, at Paso Robles. Speaker - Mr. Young. Notification from James Gates of County Health Department of rabies clinic held the previous Saturday. Letter from Assemblyman W. Shoemaker with attached copy of letter to Col. Earl Peacock requesting re -scheduling of Morro Bay Harbor hearing at earliest possible time. Copy of a memorandum to Mr. Sherwin regarding California Marine Parks and Harbors Association meeting report from Harbor Manager. Letter from Reno Orlandi, Coordinator of Arcata Post No. 274 of American Legion expressing appreciation of the efforts of the Veterans organizations and others of Morro Bay for food, clothing and bedding sent to the flood victims in Northern California. Mr. White said that much credit was due Mr. Jensen who had spear- headed the program on behalf of the flood victims. Letter from Koebig and Koebig, Inc., Engineering and Architects, regarding proposal for a general plan for the City of Morro Bay under the 701 fund. Mr. White mentioned that there had been a number of inquiries concerning this and that all such matters were being referred to the Planning Commission and other interested City officials. Letter from Mr. and Mrs. Harms objecting to further removal of rock from Morro Rock. MOTION: Mr. Zinn moved that meeting be adjourned to executive session. Seconded by Mr. Payne. Carried unanimously. Meeting adjourned at 8:40 P.M. Recorded by: ("i �a C. Ted White City Administrator City of Morro Bay CITY OF MORRO BAY AGENDA - CITY COUNCIL MEETING January 12, 1965 Morro Union Elementary School Recreation Hall Executive Session - 7:00 P. M., City Hall, )95 6th Street Regular Meeting - 7:30 P. M., Recreation Hall, 7th and E Street Call to order Fledge of Allegiance Invocation null call r41:NFTTES 1. R�rular meeting of December 22, 1964. PEARITTC,S Fa ArPFARANCES UNFINISHED BUSINESS 1. Approval of expenditures for period 9/10/64 to 12/31/64. 2. Ordinance No. 12 - Gas Franchise to Southern Counties Gas Company (Second and final reading) 3. City Hall facilities a. Agreement for architectural servicos. b. Resolution approving and authorizing the signing of agreement. 4. Transfer of tax assessing and collecting functions to the County. a. Agreement b. Resolution approving and authorizing signing of agreement. 5. Payroll service with Bank of Ameri.oa a. Power of Attorney to file returns of Federal Withholding Tax withheld from wagos. b. Resolution approving and authorizing signing of Power of Attorney. 6. Metered Billing Service with Bank of America a. Agroement for metered billing service. b. Resolution approving and authorizing signing of agreement. 7. Selection of City Seal from designs submitted. 8. Authorization to issue Notice to proceed to Kaweah Construction Company for construction of additions to Wastewater Treatment Plant, NEW BUSINESS 1. Ordinance No. 13 - AN ORDINANCE CREATING TITLE IX OF THE MORRO BAY MUNICIPAL CODE, PROVIDING FOR PUBLIC WORKS. (First reading) 2. Ordinance No. 14 - AN ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER 7 TO TITLE II OF THE MORRO BAY MUNICIPAL CODE AND ESTABLISHING THE POSITION OF CITY ADMINISTRATOR, DEFINING THE DUTIES AND POWERS OF THE CITY ADMINISTRATOR AND PROVIDING COMPENSATION THEREFOR. (First reading) 3. Resolution establishing procedures in the granting of new leases on waterfront property within the City of Morro Bay. 4. Resolution establishing policy in handling harbor matters. Page 2 - Agenda CITY COUNCIL 1,2 ETING January 12, 1965 5. Claims for refunds for weed abat3ment charges made in error. 6. Claim for payment of part for hay raka borrowed for use in weed abatement program. 7. Notice of advertising for the position of Chief of Police, and authorization to appoint interview board. 9 Landscaping of existing City buildings by Morro Bay Garden Club. 9. Authorization to accept proposal for liability insurance as submitted. 3.3. Travel request for Director of Public Works to attend the INSTITUTE OF TRANSPORTATION AND TRAFFIC ENGIF"SERING in Los Angeles on January 28, 299 30, 1965, CORRESPONDENCE 1. Channel Counties Division, League of California Cities; 2. Board of Supervisors. 3. County Department of Parks and Beaches: 4. County Planning Department, 5. Senator Thomas H. Kuchel. 6. Congressman Bu:..rt L. Talcott. 7. State Senator Vernon L. Sturgeon. 8. Representative Winfield Shoomaker. 9. Commander, Twelfth Coast Guard District. 10. Division of Highways. 11, Allan Cranston, State Controller 12, City of Hope. 13. Parent Teacher Assoc., Morro Union Elementary School: ADJOURNMENT 1. Next regular meeting - January 26, 1965 -0- Planning Commission Meetings: Tuesday, January 19, 1965 Tuesday, February 2. 1965 MINUTES OF CITY COUNCIL EXECUTIVE SESSION January 12, 1965 - 7:00 P. M. City Hall 595 6th Street Meeting called to order at 7:09 P. M. by Mayor Surfluh. Present were: Mayor Surfluh, Councilmen Payne and Zinn Others present: City Administrator, C. Ted White The City Administrator requested that the Council consider the appointment of a Fire Chief. He recommended appointing Norman Rieger, who is now Assistant Fire Chief, to the position. Councilman Crass and M. V. McIntire arrived at 7:16. The above request was explained to the late arrivers. After lengthy discussion it was decided to appoint Chief Rieger as Fire Chief at open Council meeting, at Range 47, Step 1 of the Salary Schedule (Res. No. 49-64) Mr. White further requested that he be authorized to hire a Secretary -Steno at Range 31, Step 1 to 3, depending on qualifications of the person hired. Approval to be granted at open Council meeting. Meeting adjourned to Recreation Hall at 7:27 P. M. RECORDED BY: C. Ted White City Clerk MINUTES - City Council Meeting January 12, 1965 Morro Union Elementary School Recreation Hall An Executive Session was held at the City Hall, Sixth and E Streets, at 7:00 P.M. The City Council meeting convened -at 7:40 P.M. in the Recreation Hall with the Pledge of Allegiance. Mayor Surfluh gave the Invocation. ROLL CALL: Present: Councilmen Crass, Payne, Zinn and Mayor Surfluh Absent : Councilman Bowen MINUTES MOTION: Mr. Zinn moved that reading of the minutes of the meeting of December 22, 1964, be dispensed with. Seconded by Mr. Payne. Carried unanimously. MOTION: Mr. Zinn moved that minutes of meeting of December 22, 1964, be adopted as written. Seconded by Mayor Surfluh. --00000-- Mr. White, at the request of Mayor Surfluh, read a statement to the effect that Press, Radio, and Television had carried reports that the County Board of Supervisors had in executive session on January 11, 1965, taken some action respecting title to tide and submerged lands in and around Morro Bay Harbor, that the City had not up to that time received any formal communication from the County, although the City Attorney had contacted the County District Attorney and Administrative officer. A resolution from the County was to be available the following day. Mr. Whitets statement promised that the City would begin to review the material immediately and to move the matter along promptly as had been promised. --00000-- Mayor Surfluh welcomed Mr. William J. Herron, Chief, Coastal Engineering Branch of U.S. Army Corps of Engineers. The Mayor advised the audience that the Corps was thoroughly cognizant of the community's opposition to further quarrying from Morro Rock and further discussion on the subject would not be in the best interest of the meeting. Mr. Herron spoke in the absence of Col. Earl G. Peacock, who had been unable to come. Mr. Herron introduced Glen Ward, Chief of Navigation or Harbor Design Section, who would be in Morro Bay for most of the next two years. He also introduced Milo Ryan, Liaison Officer. Mr. Herron briefly outlined the history of the Corps activities in relation to harbors, stating that since 1936 they had engaged in the development of recreational as well as commercial harbors. As far as feasible Morro Bay Harbor would be developed in accord with the desires of the local people, considering always engineering and economic standards, and that cost of the project would be shared by federal and local governments on a 50-50 basis. He identified local interests as State, County, City, Harbor Districts, or any public entity having authority and responsibility to work on such projects, such as California Small Craft Harbors Division. Page 2 MINUTES - City Council Meeting January 12, 1965 Mr. Herron outlined the evolution of the bay to its present channels and jetties, greatly expedited by the Navy+s needs during World War II. Items touched upon by Mr. Herron are listed below: 1. Congress authorized the present Review of Reports, costing $60,000, to be financed entirely by the Federal Government. 2. Expanding boat population, need for additional harbors, and excellence and size of Morro Bayts natural harbor made a Review of Reports timely. 3. Study would take from two to three years and require the full cooperation of the local people. 4. A public hearing would be held,'probably in late March, inas- much as the January 28th meeting had to be postponed. State and local government officials, non -official agencies, associa- tions, and individuals would all be heard. 5. Title to Morro Rock would be a matter for Congress to decide. Cost factor was relatively minor. 6. Cost of project•would.be uncertain until extensive study made of requirements, but cost must be shared, and money must be available when project plans completed. 7. Mr. Herron listed information which would be required by the Engineers; also cooperation they would have to have: a) All available information relative to harbor -- maps, photographs, charts, engineering data accumulated. b) Runoff of streams and how they contributed debris to bay. c) Economic.date for development of commercial aspects of bay. d) Economic projections. e) Real estate values f) Boat population. g) Lands, easements, rights of way, disposal areas. h) Liability insurance. i) Mooring and supply facilities. j) Utilities k) Establishment of a public body empowered to regulate use, growth, and development of harbor, an authority with whom engineers could deal. 1) Cash contributions either in lump sum or periodically, as required. Page 3 MINUTES - City Council Meeting January 12, 1965 UNFINISHED BUSINESS I. Approval of expenditures for period 9/10/64 to 12/31/64. MOTION: Mr. Payne moved that report,of expenditures submitted for the period 9/10/64 to 12/31/64 be approved. Seconded by Mr. Zinn. Carried unanimously. 2. Ordinance No. 12 - Gas Franchise to Southern Counties Gas Company (Second and final reading). MOTION: Mr. Payne moved that Ordinance No. 12, Gas Franchise to Southern Counties Gas Company, be read by title only. Seconded by Mayor Surfluh. Roll call vote: Carried unanimously. Mr. White read Ordinance No. 12 by title only, which con- stituted the second reading. MOTION: Mayor Surfluh moved that Ordinance No. 12 be adopted. Seconded by Mr. Payne. Roll call vote: Carried unanimously. 3. City Hall facilities a. Agreement for architectural services. Mr. White explained that agreement had been prepared by City Attorney, setting forth conditions of agreement between architect and City, for addition to temporary City Hall. Professional service fee was set at 8% of low bid. Mr. White recommended that agreement be approved. b. RESOLUTION NO. 1-65 RESOLUTION APPROVING AND AUTHORIZING THE SIGNING OF AN AGREEMENT FOR ARCHITECTURAL SERVICES, Mr. White read Resolution No. 1-65 in its entirety. MOTION: Mayor Surfluh moved that Resolution No. 1-65 be adopted. Seconded by Mr. Crass. Roll call vote: Carried unanimously. A copy of said resolution to go on file in the City Hall. 4. Transfer of tax assessing and collecting functions to the County. a. Agreement Mr. White said that agreement, presented to City by Miss Hurd, Auditor -Controller, covered "Agreement for services of the County of San Luis Obispo and the Officers thereof in Connection with the Assessing.. Computing and Collecting of City Taxes for the City of Morro Bay as required by the Provisions of Sections 51500 through 51518 of the Government Code" and had been approved by legal staff. b. RESOLUTION NO. 2-65 RESOLUTION ADOPTING AGREEMENT FOR THE ASSESSING, COMPUTING, AND COLLECTING OF CITY TAXES AND AUTHORIZING THE SIGNING THEREOF. U Ll 0 Page 4 MINUTES January 5. C-T - City Council Meeting 12, 1965 Resolution No. 2-65 read in its entirety by Mr. White. MOTION: Mr. -Zinn moved that Resolution No. 2-65 be adopted. Seconded by Mr. Payne. Roll call vote: Carried unanimously. A copy of said resolution to go on file in the City Hall. Payroll Service with Bank of America. a. Power of Attorney to file returns of Federal Withholding Tax withheld from wages. Mr. White explained that the payroll service agreement with the Bank of America required that the bank have power of attorney in order to file returns on Federal withholding tax on wages, and that such action had been approved by the City Attorney. b. RESOLUTION NO. 3-65 RESOLUTION APPROVING AND DIRECTING THE SIGNING OF POWER OF ATTORNEY. , Mr. White read resolution in its entirety. MOTION: Mr. Zinn moved that Resolution No. 3-65 be adopted. Seconded by Mr. Crass. Roll call vote: Carried unanimously. A copy of said resolution to go on file in City Hall. Metered Billing Service with Bank of America. a. Agreement for metered billing service. Mr. White stated that this agreement for "Metered Billing Processing Service for the calculation and issuance of bills for metered water service by the Bank of America" had been approved by Council at a prior meeting by a letter of intent. There had been discrepancies in the agreement which needed clarification, and it had been re -submitted, as required by City Attorney. Mr. White read the agreement because it set forth the rates. b. RESOLUTION N0. 4-65 RESOLUTION APPROVING AND AUTHORIZING THE SIGNING OF AN AGREEMENT FOR METERED BILLING PROCESSING. . Mr. White read resolution in its entirety. MOTION: Mr. Zinn moved that Resolution No. 4-65 be adopted. Seconded by Mr. Payne. Roll call vote: Carried unanimously. A copy of said resolution to go on file in City Hall. 7. Selection of City Seal from designs submitted. Emblems submitted were displayed on the bulletin board. They were the entries in the contest announced by Council approxi- mately two months earlier. Choice of emblem was made by secret ballot from numbered drawings. Winner was Elston L. Kidwell. Page 5 MINUTES - City Council Meeting January 12, 1965 S. Authorization to issue Notice to Proceed to Kaweah Construction Company for construction of additions to Wastewater Treatment Plant. Mr. White said contract had been approved as to form and starting date would be February.l, 1965. Certain changes in labor code required different dollar amounts, but this would not affect their actions in signing contract. MOTION: Mayor Surfluh moved that the issuance of Notice to Proceed to Kaweah Construction Company for construc- tion of additions to Wastewater Treatment Plant be authorized. Seconded by Mr. Payne. Carried unanimously. --00000-- Mr. White recommended that in conformance with executive session held earlier that evening, Norman Rieger, Assistant Fire Chief, be appointed to position of Fire Chief of City of Morro Bay at range 47, step 1, as set forth in salary schedule of Resolution No. 49-64. MOTION: Mr. Payne moved that Assistant Fire Chief Norman Rieger be established as permanent Fire Chief of the Fire Department of City of Morro Bay. Seconded by Mr. Zinn. Carried unanimously. Mr. White requested authorization to hire one secretary at range 31, step 1 to 3, open, depending on experience, and to advertise in local paper and Telegram -Tribune between February 1 and 15th. MOTION: Mr. Zinn moved that the City of Morro Bay Administrator be authorized to advertise for secretary to fill this position. Seconded by Mr. Payne. Carried unanimously. NEW BUSINESS 1. ORDINANCE NO. 13 AN ORDINANCE CREATING TITLE I% OF THE MORRO BAY MUNICIPAL CODE, PROVIDING FOR PUBLIC WORKS. (First reading). MOTION: Mr. Payne. moved that Ordinance No. 13 be read by title only. Seconded by Mayor Surfluh. Roll call vote: Carried unanimously. Mr. White read Ordinance No. 13 by title only, constituting first reading. 2. ORDINANCE NO. 14 AN ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER 7 TO TITLE II OF THE MORRO BAY MUNICIPAL CODE AND ESTABLISHING THE POSITION OF CITY ADMINISTRATOR,.DEFINING THE DUTIES AND POWERS OF THE CITY ADMINISTRATOR AND PROVIDING COMPENSATION THEREFOR. (First reading). Mr. Zinn requested that the ordinance be read inasmuch as it . was not a standard public works ordinance, but pertained to a City position. Page 6 MINUTES - City Council Meeting January 12, 1965 Mr. White read Ordinance No. 14 in its entirety. Second reading to be made at regular meeting of January 26, 1965. --00000-- At this point Mayor Surfluh stated that with the appointment of a City Administrator, the -adoption i of an ordinance out- lining his duties and powers, and alshaving a City Planning Commission, the councilmen who had been appointed by the Mayor to act in an advisory and liaison capacity as temporary commissioners could now discontinue these duties. MOTION: Mayor Surfluh moved that the interim commissioner positions be abolished and that each of the council- men who had served so well be commended for their fine work. Seconded by Mr. Crass. Carried unanimously. 3. RESOLUTION NO, 5-65 RESOLUTION ESTABLISHING PROCEDURES FOR REVIEW BY THE CITY OF MORRO BAY OF MATTERS REGARDING LEASES ON WATERFRONT PROPERTY WITHIN THE CITY LIMITS. Mr. Zinn introduced this resolution by stating that in the abolishing of councilmen commissioners, it would be in order to take the next natural step to set up proper channels to handle lease matters now that the framework of City government had been established, and the City now had a Planning Commission to review lease matters. Mr. White read Resolution No. 5-65 in its entirety. MOTION: Mr. Zinn moved that Resolution No. 5-65 be adopted. Seconded by Mayor Surfluh. Roll call vote: Carried unanimously.. A copy of said resolution to go on file in City Hall. 4. RESOLUTION NO. 6-65 RESOLUTION ESTABLISHING PROCEDURE FOR HANDLING MATTERS RE- LATING.TO MORRO BAY HARBOR. Mr. White explained that this resolution covered all problems on the waterfront other than lease problems. Resolution No. 6-65 was then read in its entirety by Mr. White. MOTION: Mr. Zinn moved that Resolution No. 6-65 be adopted. Seconded by Mr. Payne. Roll call vote: Carried unanimously. A copy of said resolution to go on file in the City Hall. 4a. RESOLUTION NO. 7-65 RESOLUTION REQUESTING COUNTY OF SAN LUIS OBISPO TO ADVERTISE CERTAIN SITES IN MORRO BAY. HARBOR FOR LEASE.AND TO ADVERTISE A CERTAIN PIER IN MORRO BAY HARBOR FOR.SALE. Mr. White stated that resolution had arrived too late to go on agenda, but was prepared by City legal staff in compliance with instructions by Council. Mr. White read Resolution No. 7-65 in its entirety. Page 7 MINUTES - City Council Meeting January 12, 1965 MOTION: Mayor Surfluh moved that Resolution No. 7-65 be adopted. Seconded by Mr. Zinn. Roll call vote: Carried unanimously. A copy of said resolution to go on file in City Hall. 5. Claims for refunds for weed abatement charges made in error. In a memorandum dated January 5, 1965, Mr. White set forth the reasons for this claim. In a weed abatement program partici- pated in by both former Fire Districts which removed weeds from vacant lots in conformance with laws of State, some 3,000 parcels had been treated. Some six errors had been made due to delineating particular parcels on map, assessing wrong individuals. MOTION: Mr. Crass moved that refund be made to people named. Mr. Payne seconded. Carried unanimously. 6. Claim for payment of part for hay rake borrowed for use in weed abatement program. Mr. White explained that prior to incorporation, Morro Del Mar Fire District used borrowed hay rake for raking weeds into piles for burning. In moving rake from one area to another a part of rake was lost. A claim had been made against the City in the amount of $47.50.by Joseph Perry of Morro Bay. MOTION: Mayor Surfluh moved that claim be paid. Seconded by Mr. Zinn. Carried unanimously. 7. Notice of advertising for the position of Chief of Police, and authorization to appoint interview board. Mr. White told Council that a sample specification for adver- tising purposes had been drawn, which was short, concise, and broad enough to allow flexibility of choice. He then read the specifications, which Mayor Surfluh commented upon favorably. The administrative staff was to choose four individuals capable of conducting an interview to screen applicants by resume. The advertisement was to be placed in Western Cities magazine and the California Peace Officers Journal, with a March 15th closing date. MOTION: Mayor Surfluh moved that City Administrator be authorized to proceed to advertise the position of Chief of Police, and be authorized to appoint a screening board. Seconded by Mr. Payne. Carried unanimously. 8. Landscaping of existing City buildings by Morro Bay Garden Club. Mr. White said the Morro Bay Garden Club had graciously offered to overhaul existing plantings in front of City Hall and Fire Department offices, also the Recreation Hall when it becomes City property. Attention was also called to sign at entrance to Morro Bay placed there by Lions Club, which was overgrown with weeds. Mr. McIntyre said a minute order would be in order if the City proposed to authorize the landscaping by the Club. Page 8 MINUTES January A - City Council Meeting 12, 1965 MOTION: Mr. Payne moved that the Morro Ba authorized to landscape around ou buildings and property. Seconded Carried unanimously. y Garden Club be r existing City by Mr. Zinn. It was mentioned that Cal Poly student architects were going to work with the Club on the landscaping program. Mayor Surfluh instructed the City Attorney to prepare a resolution expressing the appreciation of the City Council to the Morro Bay Garden Club. Authorization to accept proposal for liability insurance as submitted. Mr. White requested proposals from agents who first indicated their willingness to submit such proposals. Bids were received from Morro Bay Insurance Center, representing Farmers Fund, for $3,220. M. V. Morley Insurance, representing Farmers Insurance Group, $3,225.35. Policies for liability insurance would be on an audited risk basis whereby current policies, as they lapse, would be picked up by one insurance carrier. Mr. White recommended that Morro Bay Insurance Center be - accepted for calendar year January 15th to January 14 of next year. He stated that provisions of government code do not require that the City go out for an intangible thing like insurance, but those submitting proposal bids are honored. MOTION: Mr. Zinn moved that low bid for liability insurance be adopted. Seconded by Mayor Surfluh. Carried unanimously. 10. Travel request for Director of Public Works to attend the Institute of Transportation and Traffic Engineering in Los Angeles on January 28, 290 30, 1965. Mr. White said that each city in California is requested to send a representative to the Institute meeting, either City Engineer or Director of Public Works -- individuals handling various types of funds for street construction and maintenance. from gas tax subventions. The meeting was to be held in UCLA and Mr. White recommended that travel request for Director of Public Works and Mr. Taylor be authorized, and if authorized, expenses would be chargeable to highway users tax fund money 186.1A. MOTION: Mr. Crass moved that the City Engineer and Director of Public Works be authorized to attend the Institute of Transportation. Seconded by Mr. Zinn. Carried unanimously. --00000-- At Mr. Zinnts suggestion, the following motion was made: MOTION: Mr. Zinn moved that a resolution be prepared thanking the winning artist, Mr. Kidwell, for his efforts in providing the City with a City Seal. Seconded by Mayor Surfluh. Carried unanimously. . Page 9 MINUTES - City Council Meeting January 12, 1965 Mr. Payne suggested that an appropriate plaque might be presented to the winner in lieu of a prize, showing the winning design. --00000-- Mr. Hugh Graham asked for clarification of effective date of City license renewals, particularly those extending over into 1965. Mr. White stated that as the ordinance is written, collection must be made on January 1st. --00000-- A communication from the City Attorney was given to the Councilmen to read. It concerned title to city streets. Mr. McIntire had done extensive research on the matter and suggested that Council adopt a minute order directing City Attorney to prepare a quit claim deed to transfer County►s interest in roads of the City to City of Morro Bay, and to prepare a resolution to execute same. MOTION: Mayor Surfluh moved to direct City Attorney to 1) Prepare proper quit claim deed to transfer County's interest to roads'within Morro Bay City limits to City of Morro Bay; and 2) Prepare a resolution requesting County Board of.Supervisors to execute same. Seconded by Mr. Zinn. Carried unanimously. CORRESPONDENCE 1. Channel Counties Division, League of California Cities. Notice of quarterly meeting of Divisions, dated January 6th, to be held at Paso Robles Country Club on January 28th. Sepaker to be Raymond A. Young, General Manager of Workments Compensation. Mr. White offered to handle reservations, 2. Board of Supervisors. a) City's request for transfer from County to City of title to property.at Atascadero Beach for use of City Water Depart- ment for addition to Wastewater Treatment Plant. Matter continued by Board for 30 days to January 18, 1965. b) Letter from City of Morro Bay to Board requesting dissolution of Morro Bay Lighting District referred to District Attorney for necessary documents. c) Copy of Resolution No. 579-64 regarding support of Senate Bill 2442 concerning transfer of Morro Rock from Federal government to State of California. 3. Letter dated December 2, 1964, from LeRoy Sherwin, Superintendent of Parks and Beaches of County regarding clarification of administration of leases, use permits, etc., and steps County follows in its procedure. 4. Letter from Ned Rogoway of County Planning Commission concerning controversy over Morro Rock and subsequent postponement of public hearing slated for January 28th. Mr. White stated that procedure outlined to Board of Supervisors did not affect City. 0 Page 10 MINUTES - City Council Meeting January 12, 1965 5. Two letters from Thomas H. Kuchel. Letter to Mr. White regarding radio beacon and Mr. Kuehel!•§. continuing support of its installation. Letter relative to preservation of Morro Rock. 6. Two letters from Congressman Burt L. Taloott. Letter concerning Mr. Taleott's resolution No. 9672, presented in 1964 and currently re -submitted. Letter from Mr. Talcott supporting Coast Guard installation of radio beacon. 7. State Senator Vernon L. Sturgeon. Letter from Senator Sturgeon concerning installation of radio beacon, and copy of letter from him to Lt. Commander Warren Wilmot setting forth his recommendation that beacon be installed. S. Representative Winfield Shoemaker. Letter from Mr. Shoemaker concerning Morro Rock lighthouse and supporting beacon. 9. Commander, Twelfth Coast Guard District. Letter to Mayor Surfluh stating that recommendation to install radio beacon had been made. 10. Division of Highways. a) Approval of select system of city streets of Morro Bay, certified copy of resolution, maps, and statistical data. b) Tabulation of estimated revenue to accrue to County and Cities for fiscal year 1965-66, Section 186.1 of Streets and Highways Code. Tabulations will be supplied monthly. c) Tabulation showing estimated apportionment 2107 and 2107.5, fiscal year 1965-66, engineering funds. d) Copy of California County and City'Street and Road Progress and Needs Report, prepared by Department of Public Works, Division of Highways, in accordance with Streets and Highways Code. Morro Bay not yet included because report prepared prior to incorporation. 11. Allan Cranston, State Controller Summary of apportionments of California license fees for the period June 1, 1964, through November 30, 1964, as provided by Section of Revenue and Taxation Code. Morro Bay's portion $4,661.58. An equal amount anticipated prior to -end of fiscal year. 12. City of Hope. Annual Hope Sunday June 6, 1965. June City of Hope month. Soliciting permit required. A no -fee permit would be issued upon proper request. Page 11 ? MINUTES - City Council Meeting January 12, 1965 13. Parent Teacher Association, Morro Union Elementary School. Letter of appreciation for the assistance of the Council during P.T.A. drive. --ooOoo-- Mr. Joe Giannini requested that the Council give thought and support to the Seawater Conversion Program. He was assured that Director of Public Works and Council were keeping abreast of this plan. ADJOURNMENT .- MOTION: Mr. Zinn moved that meeting be adjourned until the next regular meeting of January 26, 1965. Seconded by Mr. Crass. Carried unanimously. Meeting adjourned at 10:00 P.M. Recorded by: C. Ted White City Administrator City of Morro Bay