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HomeMy WebLinkAboutCC_1985-01-14 Regular Meeting MinutesMORR O B AY CITY COUNC I L REGULAR MEETING -JANUARY 14, 1985 RECREATION HALL -7:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE AGENDA INVOCATION -CHARLES ERICKSON, ST. PETERS EPISCOPAL CHURCH A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 ORDINANCE NO. 267 AMEN DING THE MORRO BAY MUNICIPAL CODE, SECTION 2.20.010, RELATIVE TO COMPENSATION OF T~E CITY COUNCIL -FIRST READING B. UNFINISHED BUSINESS B-1 CITY ATTORNEY OPINION REGARDING GROWTH MANAGEMENT ORDINANCE (MEASURE F) B-2 ORDINANCE NO. 265 AMENDING MORRO BAY MUNICIPAL CODE CHAPTER 13.20, BUILDING LIMITATION -SECOND READING C. NEW BUSINESS C-1 BUDGET AUGMENTATION REQUEST FROM CHAMBER OF COMMERCE C-2 COMMUNITY PROMOTIONS FUNDING AUTHORIZATION C-3 WATER ADVISORY BOARD REQUEST FOR COUNCIL GUIDANCE C-4 APPLICATION FOR PRELIMINARY HYDRO-ELECTRIC PERMIT, SAN BERNARDO CREEK C-5 COMPOSITION OF CITY COMMUNITY PROMOTIONS AD-HOC COMMITTEE C-6 HARBOR LIABILITY AND PHYSICAL DAMAGE INSURANCE COVERAGE C-7 COUNCIL DIRECTION ON DEVELOPMENT IN BEACH TRACT PENDING REVISED ZONING C-8 CREATION OF MAYOR'S ECONOMIC IMPROVEMENT AD-HOC COMMITTEE D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF DECEMBER 10, 1984, THE ADJOURNED REGULAR MEETING OF DECEMBER 11, 1984 AND THE ADJOURNED REGULAR MEETING OF JANUARY 3, 1985 D-2 EXPENDITURE REPORT -NOVEMBER, 1984 D-3 MONTHLY STATEMENT OF INVESTMENTS -NOVEMBER, 1984 D-4 CHAMBER OF COMMERCE MONTHLY REPORT -NOVEMBER, 1984 D-5 HARBOR COMMISSION RECOMMENDATION REGARDING DISPOSAL OF SAN JOAQUIN VALL EY IRRIGATION TAIL WATER IN ESTERO BAY D-6 RETMBURSEMENT REQUEST FROM MORRO BAY MOTEL AND RESTAURANT ASSOC., INC. D-7 COMPLETION OF PROJECT NO. PW 84-36-194 -WATERLINE REPLACEMENT D-8 AMENDMENT NO. 8 TO AGREEMENT FOR STEP 2 ENGINEERING SERVICES WITH BROWN & CALDWELL (WWTP) MORRO BAY CITY COUNCIL AGENDA January 14, 1985 Page T~o D. CONSENT CALENDAR (cont.) D-9 AMENDMENT NO. 1, STEP 3 OFFICE ENGINEERING; AMENDMENT NO. 2, TASK ORDER NO. 1; AND AMENDMENT NO. 4, TASK ORDER NO. 2, BROWN & CALDWELL CONTRACT D-10 AMENDMENT NO. 2, TO AGREEMENT FOR STEP 2 ENGINEERING SERVICES, MORRO BAY/CAYUCOS WWTP (BROWN & CALDWELL, CONSULT~NTS) D-11 ABANDONMENT OF EXISTING SEWER EASEMENT AND ACCEPTANCE OF NEW SEWER EASEMENT, LOTS 3 & 4 1 BLOCK 6, TRACT 81 D-12 ABANDONMENT OF EASEMENT IN LOT 6, TRACT NO . 353 D-13 AGREEMENT WITH CALIFORNIA HIGHWAY PATROL FOR COUNTY-WIDE HAZARDOUS MATERIALS RESPONS~ PLAN D-14 IMMUNIZATION FOR FIREFIGHTERS D-15 DIAL-A-RIDE SATURDAY RIDERSHIP DURING HOLIDAY SEASON D-16 DIAL-A-RIDE C.,?\NNED 'FOOD HOLIDAY FARR D-17 RESOLUTION NO. 3-85· COMMENDING RESERVE FIRE CAPTAIN FRANK RAMOS FOR HIS PUBLIC SERVICES E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY F. ADJOURNMENT MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JANUARY 14, 1985 RECREATION HALL -7:30 P.M. Mayor Zeuschner called the meeting to order at 7:30 p.m. ROLL CALL PRESENT: STAFF: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz Gary Napper Mike LeSage Forrest Henderson Michael Multari Nick Nichols Dave Norton The Pledge of Allegiance Charles Erickson of St. invocation. was led Peters Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Asst. to City Admin. Comm. Dev. Dir. Public Works Dir. Water Engineer by Horace Strong; Reverend Episcopal Church gave the Mayor Zeuschner presented Councilmember Kaltenbach with a plaque which certified his appointment as Councilmember. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 ORDINANCE NO. 267 AMENDING SECTION 2.20.010, RELATIVE COUNCIL -FIRST READING THE MORRO BAY MUNICIPAL CODE, TO COMPENSATION OF THE CITY Mr. Napper read the ordinance and explained that it would mean an increase in salary for the Councilmembers to $300 per month. Mayor Zeuschner opened the matter to the public for discussion. John Lemons spoke in opposition to the increase and stated that the $9,000 it represented annually would be better used to reduce the deficit in the Dial-A-Ride program. Howard Gaines suggested that this item be considered during the regular budget considerations. Dorotha Deutch opposed the increase and felt the money should be used toward the betterment of Morro Bay. Jim Rodgers preferred to see the funds used to raise staff salaries and thereby decrease the City's high turnover rate. It was noted that Atascadero had recently increased their Council salaries as allowed by Legislature. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JANUARY 14, 1985 PAGE TWO MOTION: Councilmember Sheetz moved that the hearing be closed to the public. The motion was seconded by Council- member Kaltenbach and unanimously carried. (5-0) Councilmembers Kaltenbach and Sheetz stated that they were opposed to the raise at this time. MOTION: Councilmember Risley moved that Council receive a 5% increase just as City employees had. The motion was seconded by Councilmember Sheetz and failed on the following vote: AYES: Risley NOES: Kaltenbach, Miller, Sheetz and Zeuschner Councilmember Risley felt that it was inappropriate for Council to raise salaries to $300 even though State law permits it in cities with a population of 35,000 or less. He also felt that if the salary was too high, people would run for Council for the salary and not just to serve the community. There was no further action on this matter. B. UNFINISHED BUSINESS B-1 CITY ATTORNEY OPINION REGARDING GROWTH MANAGEMENT ORDINANCE AND MEASURE F Mr. LeSage, City Attorney, reviewed and responded to the 5 questions Councilmember Miller had raised at a prior meeting regarding Measure F. / Mayor Zeuschner stated that this was not a public hearing, however, allowed comments from the public. Howard Gaines stated that the time spent by the City Attorney in answering Councilmember Miller 's questions was a waste of taxpayer's money. Mrs. Deutsch suggested that the City ask the League of California Cities for an opinion on Measure F. She also expressed a wish for a copy of Mr. LeSage's written report to the Council regarding this matter. Mayor Zeuschner stated that when there is the possibility of pending or potential litigation, City Attorney information becomes part of the client/attorney relationship. At such time as there is no chance for litigation, the City could release the report. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JANUARY 14, 1985 PAGE THREE B-2 ORDINANCE NO. 265 AMENDING MORRO BAY MUNICIPAL CODE CHAPTER 13.20, BUILDING LIMITATION -SECOND READING Mr. Napper reviewed this item. MOTION: Councilmember Kaltenbach moved that Ordinance No. 265 be read by number and title only. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) Mr. Napper read Ordinance No. 265 by title and number only. MOTION: Councilmember Sheetz moved for the adoption of Ordinance No. 265. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) C. NEW BUSINESS C-1 BUDGET AUGMENTATION REQUEST FROM CHAMBER OF COMMERCE Mr. Napper reviewed this request from the Chamber for $4,161 to augment their office staff salaries. The Community Promotions Committee had recommended approval of the request and presented a funding proposal to accommodate the request by using under-utilized funds for the 800 number. Councilmember Risley questioned how the 5% figure was determined. He said that in any one fiscal year, no more than 5% of the preceding year's bed tax revenue should determine the amount to be received. Mr. Napper responded that the City used the figure anticipating the money coming in this fiscal year rather than 5% of last year's figure. Because of the Chamber's need, the City could augment their budget using current revenue projections for this year. Councilmember Risley was disturbed by the fact that the City was paying $22.00 a -ffi--0-il-t-fl-*on the 800 number used for the Chamber, which was approved last year. He feels the City is violating the spirit in which the 5% limit was approved by the voters and also feels that some people see the City as bailing them out rather than going out and getting volunteers. Councilmember Sheetz explained that the problem with the 800 number is the fewer people who use it, the more it costs. Next year Council can retain or drop the 800 number if it is not used enough. *call (amended Council meeting held 1-28-85) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JANUARY 14, 1985 PAGE FOUR Councilmember Kaltenbach stated that he is against the 800 number. MOTION: Councilmember Sheetz moved that Council authorize the City Administrator to amend the contract as recommended. The motion was seconded by Councilmember Miller. Mr. Gaines felt that it was a Councilmember Sheetz to vote on City Community Promotions Committee, of Commerce, a past member of their merchant in the City. conflict of interest for this matter as she is on the is a member of the Chamber Board of Directors, and a Mayor Zeuschner explained that Council Councilmember Sheetz to this committee and other Council have been appointed to other committees. had appointed members of the Bob Lane said he felt the public money went for political reasons. He objected to the Chamber receiving money; he felt the activities of the Chamber had alienated part of the citizens in Morro Bay and that the Chamber is not an asset, but a detriment. Mrs. Deutsch disagreed with Mr. Lane's comments and stated that for every dollar the Chamber spends, the City gets back twenty. She felt that tourism is a nice, clean base which should be encouraged. Pattie Babcock, Chamber Manager, stated that the Chamber did not take a political stand during the last election and did not endorse any candidate. Mr. Gaines stated that a conflict of interest does not have to be financial. Mr. Lemons stated that the 6-8% increase in bed tax was to be spent on Community promotions. Mr. Napper stated that the City has a contract with the Chamber. Initially, the contract was let out to bid, and the chamber was the only bidder. Several other inquiries were made from individuals, but they would not take on the responsibility to keep the office open daily as a requirement of the contract for the $15,000 per year offered. Bob Ward stated that while working with the ~-t>ffiffl-tl~4~~-~~~ffl-e~4~fl~ £~11l'ffl"itt-ee;* Councilmember Sheetz had never mentioned she was running for office; no endorsement and no conflict of interest. *Chamber of Commerce Board of Directors. (corrected Council meeting held January 28, 1985.) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JANUARY 14, 1985 PAGE FIVE Councilmember Sheetz asked the City Attorney if she should abstain from voting.* Mr. LeSage stated that he did not feel that she had a conflict of interest, however, she could abstain from voting if she wished. Councilmember Risley stated that the people of the community had voted in favor of Measure A by placing the 5% limitation and Council should adhere to their wishes. Mayor Zeuschner stated that comments, but if he looked at the Chamber of Commerce, he political activities. He he could appreciate the monthly expenditure would see monies do also stated that Ms. Mr. Lane's reports by not go to Babcock's statement was accurate and he could agree with Bruce also on the limitation of the money. Monthly reports give the Council control. The motion failed on the following vote: AYES: Miller, Zeuschner NOES: Kaltenbach, Risley ABSTAIN: Sheetz C-2 COMMUNITY PROMOTIONS FUNDING AUTHORIZATION Mr. Napper reviewed the Community Promotions Committee recommen- dation to advertise Morro Bay by distributing the "Central Coastal Summer" in Bakersfield and Fresno. He recommended that Council authorize the expenditure of $7,708 for this purpose. Councilmember Kaltenbach approved of the concept as most tourists are from the Fresno area which this tabloid targets. Councilmember Risley liked the idea of the tabloid but wanted to do without the editorials. Councilmember Sheetz clarified this by stating that was a special insert and would inform readers of the about Morro Bay. Julie Moreland of the Sun-Bulletin inappropriate "vision of gloom" editorials. the tabloid good things prom i sed no MOTION: Councilmember Sheetz moved that Council authorize the expenditure. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) *Councilmember Sheetz is a current dues paying member of the Chamber of Commerce, a past member of its Board of Directors, and also serves as the chairperson of the City Community Promotions Committee. (corrected at Council meeting held 1-28-85) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JANUARY 14, 1985 PAGE SIX C-3 WATER ADVISORY BOARD REQUEST FOR COUNCIL GU I DANCE Mr. Napper stated that the Water Advisory Board was requesting water-related priority guidance and direction concerning issues. Mayor Zeuschner went over the four questions Councilmember Risley had brought up on a report he had circulated earlier. Mayor Zeuschner asked if there were any comments. Councilmember Kaltenbach felt that it was a good report and wanted it passed onto the the Water Advisory Board members. MOTION: Councilmember Kaltenbach moved that Councilmember Risley's report be forwarded to the Water Advisory Board. The motion was seconded by Councilmember Sheetz and unanimously carried, (5-0) C-4 APPLICATION FOR PRELIMINARY HYDRO-ELECTRIC PERMIT, SAN BERNARDO CREEK Mr. Napper explained that the City Water Engineer, Dave Norton, has been exploring and reviewing ideas for more water for Morro Bay. Mr. Napper recommended that he be authorized to file an Application for a Preliminary Permit to generate hydroelectric power on San Bernardo Creek. This would permit staff to receive first priority while researching the cost-benefits of the project. Mayor Zeuschner asked if this would require any expenditure of funds and Mr. Napper responded that it would not. Councilmember Kaltenbach said he did not realize the City had the permits to build dams. He feels we should keep going on this water exploration as a long-term plan, MOTION: Councilmember Kaltenbach moved that Council authorize the City Administrator to file an application for a preliminary permit with the Federal Energy Regulatory Commission. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) C-5 COMPOSITION OF CITY COMMUNITY PROMOTIONS AD-HOC COMMITTEE Mr. Napper deferred to Councilmember liaison member for this committee. reviewed the committee composition Moreland brought new interest to the Committee to be accepted as presented. Sheetz, as she is the Councilmember Sheetz and stated that Julie committee. She asked the MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JANUARY 14, 1985 PAGE SEVEN MOTION: Councilmember Risley moved that the indivi<luals be appointed as recommended. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) C-6 HARBOR LIABILITY AND PHYSICAL DAMAGE INSURANCE COVERAGE Mr. Napper gave a report on the insurance situation with regard to harbor liability and physical damage, and recommended that Council purchase a policy out of the harbor contingency fund in the amount of $6,938. MOTION: Councilmember Risley moved that Council authorize the purchase of the policy as recommended. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) C-7 COUNCIL DIRECTION ON DEVELOPMENT IN BEACH TRACT PENDING REVISED ZONING Mike Multari reviewed this matter which dealt with problems occurring in the Atascadero Beach Tract area concerning deed restrictions, City standards and construction violations. The proposed ordinance would halt building in the Beach Tract area not in compliance with the CC&R's for 45 days. This will give staff time to prepare a zoning proposal to resolve the issue. Councilmember Risley asked if within 45 days the problem would be resolved. Mr. Multari said that hopefully a draft would be approved by the Planning Commission to bring to Council. He said that anything out of character would not be allowed. Councilmember Sheetz asked if there was a reason for the 45 days and Mr. Multari said that it was the maximum time allowed by law under urgency ordinance proceedings. MOTION: Councilmember Kaltenbach moved that Ordinance No. 268 be read by number and title only. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) Mr. Napper read Ordinance No. 268 by title and number only. MOTION: Councilmember Kaltenbach moved for the adoption of Ordinance No. 268 as an interim ordinance. The motion was seconded by Councilmember Risley and carried with Mayor Zeuschner abstaining. (4-0-1) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JANUARY 14, 1985 PAGE EIGHT C-8 CREATION OF MAYOR'S ECONOMIC IMPROVEMENT AD-HOC COMMITTEE Mayor Zeuschner stated that the reason he wished to establish the committee was to study the expansion of our community base; something compatible with business already here to create more employment and a greater tax base. The activity needed to be identified, a location found where the activities could be established, contact needed to be made with some investors in the private sector, and the committee could advise the Planning Commission and Council of improvements. Mayor Zeuschner stated that he would bring back names of committee members at the next meeting if the committee concept was approved by Council. Councilmember Risley said that he is in favor of economic improvement, but in view of the Cit y 's water consumption and available water supply he has some real problems about growth. He felt the City was not being realistic in resolving basic problems. He is not opposed to the idea; just wants water problems solved before the City gets on with economic interest. Councilmember Kaltenbach felt that the Planning Commission could do what this committee is supposed to do. Councilmember Miller was in favor of the committee, he felt that the more people we have helping the City the better, and he doesn't feel that problems are as Councilmember Risley states concerning water. Peter Diffley commented that his field is economic development and he feels we do need to do something in this area and the committee could not hurt. He referred to a report made by the Private Industry Council of San Luis Obispo. The report is very controversial and states there is lack of economic planning in the County as a whole. Tourism may not be the best way to go. Mrs. Deutsch stated that she agreed with the Mayor, Councilmember Risley and Mr. Diffley, but feels the Planning Commission cannot get out and make recommendations on what is happening or what is needed; the Chamber of Commerce does have this opportunity. She feels if we had such a committee, it should address something that will make us homogenous rather than promote something that will take more water. Councilmember Sheetz felt the concept was good, but the timing is wrong. If the City brings in light industry, they will have to get in line for water. She cannot support the idea. She mentioned that Mr. Multari has an idea for helping Morro Bay Blvd. that the City should explore. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JANUARY 14, 1985 PAGE NINE Mayor Zeuschner disagreed and said he would like to utilize and involve some of the people who had applied for Commissions and Committees. Councilmember Risley feels that timing is a real concern; he would like to see emergency action to relocate wells and would like a Council study session to establish priorities. If the Council does have such a session, this matter should be brought back up at that time. MOTION: Councilmember Risley moved that this matter be referred to a future study session. The motion was seconded by Councilmember Sheetz and carried on the following vote: AYES: Kaltenbach, Risley, Sheetz NOES: Miller, Zeuschner D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF DECEMBER 10, 1984, THE ADJOURNED REGULAR MEETING OF DECEMBER 11, 1984, AND THE ADJOURNED REGULAR MEETING OF JANUARY 3, 1985 Mr. Napper recommended that Council approve the minutes as submitted. D-2 EXPENDITURE REPORT -NOVEMBER, 1984 Mr. Napper recommended that Council approve the expenditure report as submitted. D-3 MONTHLY STATEMENT OF INVESTMENTS -NOVEMBER, 1984 Mr. Napper recommended that Council approve the report as submitted. D-4 CHAMBER OF COMMERCE MONTHLY REPORT -NOVEMBER, 1984 Mr. Napper recommended that Council approve the report for file. D-5 HARBOR COMMISSION RECOMMENDATION REGARDING DISPOSAL OF SAN JOAQUIN VALLEY IRRIGATION TAIL WATER IN ESTERO BAY Mr. Napper recommended that Council receive the report from the Harbor Commission and take formal action to oppose the government's intentions to discharge the contaminants in Estero Bay. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JANUARY 14, 1985 PAGE TEN D-6 REIMBURSEMENT REQUEST FROM MORRO BAY MOTEL AND RESTAURANT ASSOCIATION Mr. Napper recommended that Council authorize the expenditure of $482 from Community Promotion Funds. D-7 COMPLETION REPLACEMENT OF PROJECT NO. PW 84-36-194 WATERLINE Mr. Napper recommended that Council accept the completion and authorize the City Clerk to record the Notice of Completion. D-8 AMENDMENT NO. 8 TO AGREEMENT FOR STEP 2 ENGINEERING SERVICES WITH BROWN & CALDWELL (WWTP) Mr. Napper recommended that Council approve Amendment No. 8 as submitted. D-9 AMENDMENT NO 1, STEP 3 OFFICE ENGINEERING; AMENDMENT NO. 1, TASK ORDER NO. 1; AND AMENDMENT NO. 4, TASK ORDER NO. 2 1 BROWN & CALDWELL CONTRACT Mr. Napper recommended that Council approve the various amendments on Step 3 as submitted. D-10 AMENDMENT NO. SERVICES, MORRO CONSULTANTS 2 TO AGREEMENT FOR BAY/CAYUCOS WWTP STEP 1 (BROWN ENGINEERING & CALDWELL, Mr. Napper recommended approval of Amendment No. 2 on Step 1 as submitted. D-11 ABANDONMENT OF EXISTING SEWER EASEMENT AND ACCEPTANCE OF NEW SEWER EASEMENT, LOTS 3 & 4, BLOCK 6, TRACT 81 Mr. Napper recommended that Council authorize execution of the Agreement, approve the lot owner's offer of a new sewer easement and adopt Resolution No. 2-85. D-12 ABANDONMENT OF EASEMENT IN LOT 6 1 TRACT NO. 353 Mr. Napper recommended that Council adopt Resolution No. 1-85 vacating and relinquishing the utility easement. D-13 AGREEMENT WITH CALIFORNIA HIGHWAY PATROL FOR COUNTY-WIDE HAZARDOUS MATERIALS RESPONSE PLAN Mr. Napper recommended that Council authorize the Fire and Police Chiefs to sign the agreement on behalf of the City. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JANUARY 14, 1985 PAGE ELEVEN D-14 IMMUNIZATION FOR FIREFIGHTERS Mr. Napper recommended that Council authorize the appropriation of $1,000 from unallocated reserves of the Insurance Fund. D-15 DIAL-A-RIDE SATURDAY RIDERSHIP DURING HOLIDAY SEASON Mr. Napper recommended that Council receive the report for file. D-16 DIAL-A-RIDE CANNED FOOD HOLIDAY FARE Mr. Napper recommended that Council receive the report for file. D-17 RESOLUTION NO. 3-85 COMMENDING RESERVE FIRE CAPTAIN FRANK RAMOS FOR HIS PUBLIC SERVICES Mr. Napper recommended that Council adopt Resolution No. 3-85. Councilmembers pulled items D-1, D-5, D-7 and D-14 from the Consent Calendar for discussion separately. MOTION: Councilmember Risley moved for approval of Calendar except for items D-1, D-5, D-7 and motion was seconded by Councilmember unanimously carried, (5-0) D-1 MINUTES the Consent D-14. The Sheetz and Councilmember Risley requested a correction on page 5 of the minutes of December 10, 1984, item C-2. The minutes should read that "Council" rather than Mayor Zeuschner "nominated Council- member Miller as the City's candidate to the Men's Colony Advisory Committee." Mr. Napper stated that Council is not actually appointing Councilmember Miller to the committee, but recommending to the local legislator who they feel should be appointed to the committee. He has given Councilmember Miller's name to Senator Maddy as the Council's recommendation, but the appointments have not been made yet. MOTION: Councilmember Risley moved that the minutes be approved as corrected. The motion was seconded by Councilmember Sheetz and unanimously carried, (5-0) D-5 HARBOR COMMISSION RECOMMENDATION REGARDING DISPOSAL OF SAN JOAQUIN VALLEY IRRIGATION TAIL WATER IN ESTERO BAY Mayor Zeuschner felt that this item needed special recognition and stated that he will write a letter to the Bureau of MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JANUARY 14, 1985 PAGE TWELVE Reclamation with a copy to the Harbor Commission from all of Council saying the City will discourage dumping of irrigation water in Estero Bay. MOTION: Councilmember Risley moved that the Mayor be authorized to write the letter from the Council. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) D-7 COMPLETION OF WATERLINE REPLACEMENT Mayor Zeuschner indicated he was pleased to see the completion of this project and commended staff for their follow-through. MOTION: Councilmember Sheetz moved that Council accept the project as completed. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) D-14 IMMUNIZATION FOR FIREFIGHERS Councilmember Miller wished to commend the Fire Chief for saving money on this item. It costs $110 to be immunized and the Chief has saved approximatley $82 per person going through the County. MOTION: Mayor Zeuschner moved for approval of this item with special commendation to Chief Zerr. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Councilmember Sheetz asked that staff be directed to study the feasibility of continuing to maximize the City's revenues in the water and sewage funds while keeping rates as reasonable as possible. MOTION : Councilmember Sheetz moved that Council authorize this study. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) B. Councilmember Risley requested that Council approve starting Council meetings at 7:00 p.m. and having an item scheduled on the agenda like the one on the Planning Commission agenda which gives the public a chance for input at the beginning of the agenda, putting a 3 minute limit on comments. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JANUARY 14, 1985 PAGE THIRTEEN MOTION: Councilmember Risley moved that Council meetings start at 7:00 p.m. and that a public comment section be added to the beginning of the agenda. The motion was seconded by Councilmember Sheetz. Councilmember Sheetz stated that this procedure had worked very well at the Planning Commission meetings. Mr. Napper stated take a change in amendment to the reading. that the change of time or meeting place does the ordinance and he will bring back an Council at their next meeting for a first Councilmember Risley amended his motion to directing staff to bring back an ordinance for first reading with the suggestions made by Council. The amendment was accepted by Councilmember Sheetz and the motion carried unanimously. (5-0) C. Councilmember Risley suggested that Councilmembers meet with staff for a day. There was discussion on this matter with Mr. Napper volunteering to look into a retreat and provide Council with information about it. D. Councilmember Miller stated that he would like a copy of the City Attorney bill on his research on Measure F. E. Mayor Zeuschner stated that he had been contacted by Mr. Hutchinson regarding a Morro Bay lease site. Mr. Hutchinson was present and outlined a problem in sub-leasing his restaurant and needing additional water allocations and parking spaces. Mr. Hutchinson is occupying the lease site with Mr. Ted Brown holding the lease. Mr. Napper stated that the City assigned the lease to Mr. Brown from Mr. Hutchinson. The City only deals through the lessee on matters of this nature. Some time ago, the City implemented a consent to sub-lease contract and that gave the City control on monitoring the financial capabilities of sub-lessees, but that does not give the City the option to approve sub-lessees without the lease holder making the request. Mayor Zeuschner noted that it seemed to be a problem between Mr. Brown and Mr. Hutchinson. He asked for a report from staff and Mr. Napper stated that staff would have to receive copies of any contracts between the lessee and Mr. Hutchinson. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JANUARY 14, 1985 PAGE FOURTEEN E-2 CITY ADMINISTRATOR A. Mr. Napper advised that one of the City Council appointments to the Fire Master Plan Committee, Mr. Herb Johnson has moved from the City and resigned from the Committee. Mr. Zerr is suggesting that Council appoint Mr. John Baker who has 30 years experience in fire protection MOTION: Councilmember Kaltenbach moved that Council accept Mr. Baker as a member of the Fire Master Plan Committee, The motion was seconded by Councilmember Risley and unanimously carried. (5-0) B. Mr. Napper stated that Council was in receipt of a letter to Warren Dorn from Eric Seastrand regarding the proposal to acquire the VRM property under the 1984 Park and Recreation Facilities Bond Act. The purchase of this property is to be one of the projects nominated for these funds. C. Mr. Napper requested a closed session to discuss two personnel matters; one a CAL OSHA requireient and the other a Workers Compensation settlement, E-3 CITY ATTORNEY Mr. LeSage had nothing to report. F. ADJOURNMENT MOTION: Councilmember Risley moved closed session. The Councilmember Kaltenbach and (5-0) that Council adjourn to motion was seconded by unanimously carried. The meeting adjourned to closed session at 10:25 p.m. and returned to regular session at 10:35 p.m. MOTION: Councilmember Risley moved that the Council authorize settlement of the Worker's Compensation claim of Lloyd Britell. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) MOTION: Councilmember Risley moved that the adjourned. The motion was seconded by Kaltenbach and unanimously carried. (5-0) The meeting adjourned at 10:38 p.m. Recorded by: ~~ ELANE NOVAK Deputy City Clerk meeting be Councilmember