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HomeMy WebLinkAboutCC_1985-02-25 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 25, 1985 RECREATION HALL -7:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE AGENDA INVOCATION -DONALD G. CAREY, PRESBYTERIAN CHURCH Members of the public wishing to address the Council are requested to limit their comments to a 5 minute time period. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION APPROVAL OF CUP 38-84 -TRAVELODGE MOTEL -JERRY HEMPENIUS, APPLICANT A-2 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION DENIAL OF TENTA- TIVE PARCEL MAP 83-232 -JAMES CHAMBERS, APPLICANT (PULLED) A-3 TV FRANCHISE AND SERVICES BOARD ANNUAL REPORT A-4 TIME EXTENSION FOR URGENCY ZONING ORDINANCE NO. 268 A-5 LCP 01-85 -AMENDMENT TO CITY'S LCP AND COASTAL PERMIT NO. 4-81-309 TO INTEGRATE MEASURE F, RETROFIT AND THE EXISTING WATER ALLOCATION MODEL B. UNFINISHED BUSINESS B-1 DEFERMENT OF LIBRARY SIDEWALK IMPROVEMENTS (PULLED) B-2 QUARTERLY REPORT ON ANIMAL CONTROL ACTIVITIES B-3 DREDGING NEEDS -MORRO BAY FUEL DOCK AND MARINE WAYS C. NEW BUSINESS C-1 ASSIGNMENT OF LEASE SITES NO. 102, 102W AND 105.1W, 105.2 - BREBES C-2 LABOR RELATIONS AGREEMENT -BECKER & BELL C-3 APPEAL OF SLIP LEASE QUALIFICATIONS REQUIREMENT -SLIP #2 C-4 FRIENDS OF THE LIBRARY REQUEST FOR DONATION OF CITY MATERIAL MORRO BAY CITY COUNCIL AGENDA FEBRUARY 25, 1985 -PAGE TWO D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF FEBRUARY 11, 1985 D-2 RESOLUTION SUPPORTING AMENDMENT TO STATE AND INSURANCE CODES ON PUNITIVE DAMAGES AGAINST PUBLIC EMPLOYEES -RESOL UTIO N NO. 12-85 D-3 EXPENDITURE REPORT -JANUARY 1985 D-4 MONTHLY STATEMENT OF INVESTMENTS -JANUARY 1985 D-5 CHAMBER OF COMMERCE MONTHLY REPORT -JANUARY 1985 D-6 CLAIM AGAINST CITY -REJECTION D-7 1984 ANNUAL REPORT OF REFUSE COLLECTION FRANCHISE BOARD D-8 PROPOSED AGREEMENT WITH BROWN & CALDWELL CONSULTING ENGINEERS FOR PRIME ENGINEERING SERVICES AT WASTEWATER TREATMENT PLANT 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 -FEBRUARY 25, 1985 RECREATIO~ 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 Michael Lesage Forrest Henderson Dave Howell Michael Multari Nick Nichols Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Asst. to City Admin. Police Chief Comm. Development Dir. Public Works Director Deputy City Clerk The Pledge of Allegiance was led by Horace Strong and Reverend Don Carey of the Prebyterian Church gave the invocation. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION APPROVAL OF CUP 38-84 -TRAVELODGE MOTEL -JERRY HEMPENIUS, APPLICANT Mr. Napper advised Council that Item A-2 had been pulled because of new information provided which needed to be analyzed by staff. It will be re-agendized as soon as that analysis is complete. Also, Item B-1 has been pulled by the Friends of the Library and will be scheduled for the March 11th agenda. Mike Multari gave the staff report on this item stating that the applicant was appealing conditions placed by Planning Commission on his application to allow remodeling and a small addition at his motel. Among the conditions, in which the applicant was given 5 years to comply, were to replace an existing asphalt driveway with a concrete drive in accordance with City stan- dards, construct a wheelchair ramp at the corner and remove a second existing pole sign on the site. Additionally, the Planning Commission was requiring that the applicant install a new street tree between the existing driveways on Market Street. Mayor Zeuschner opened the matter to the public for comment; there were no comments from the public or the applicant. MOTION: Councilmember Risley moved that the hearing be closed. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 25, 1985 PAGE TWO Councilmember Kaltenbach felt that the Planning Commission had been very generous to give the applicant 5 years to comply with the conditions. Councilmember Sheetz stated that she had been on the Planning Commission when this matter was considered and the Planning Commission was attempting to bring buildings up to code when applicants requested improvements or additions. MOTION: Councilmember Risley moved that Council uphold the Planning Commission's decision by adopting Resolution No. 13-85 to deny the appeal. The motion was seconded by Councilmember Kaltenbach and unanimously carried by roll call vote. (5-0) A-2 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION DENIAL OF TENTATIVE PARCEL MAP 83-232 JAMES CHAMBERS, APPLICANT (PULLED) Mr. Napper stated that it would be appropriate for Council to open the public hearing and continue the matter to a subsequent meeting. Mayor Zeuschner opened the matter to the public for hearing. MOTION: Councilmember Risley moved that the public hearing be closed and that this matter be continued to a subse- quent meeting. The motion was seconded by Council- member Kaltenbach and unanimously carried. (5-0) A-3 TV FRANCHISE AND SERVICES BOARD ANNUAL REPORT Forrest Henderson, staff liaison to the TV Board, stated that the Board has spent considerable time reviewing the current franchise agreement. He stated that the Board was recommending to Council that a new tv ordinance and franchise agreement be adopted by Council before the current one expires in September of 1985; that the City explore options of providing television systems to the community; and that the Board be directed to explore other county Sonic franchisors and the possibility of a cable tv foundation. Councilmembers expressed their satisfaction with the report and the amount of work that went into it. MOTION: Councilmember report with Councilmember (5-0) Risley moved thanks. The Kaltenbach that Council accept the motion was seconded by and unanimously carried. MOTION: Councilmember Kaltenbach moved that the TV Board be directed to submit a draft cable ordinance and RFP to MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 25, 1985 PAGE THREE Council for cable was seconded by carried. (5-0) services in Morro Bay. The motion Councilmember Sheetz and unanimously A-4 TIME EXTENSION FOR URGENCY ZONING ORDINANCE NO. 268 Mr. Multari stated that Council had adopted an interim Ordinance in January prohibiting development in the Atascadero Beach area if the development violates the standards contained in various deed restrictions in the area. This was to give the Planning Department time to develop a zoning ordinance amendment to incorporate those various deed restrictions. Since they will be unable to draft the ordinance and hold hearings before the Planning Commission and City Council in the 45 day period delinated by the Ordinance, staff was recommending that Council adopt Ordinance No. 270 which will extend the construction prohibition for 10 months and 15 days. He plans to bring a draft ordinance to the Planning Commission on March 18th; it will come to Council after that with Commission's recommenda- tions. He recommended that Ordinance No. 270 be adopted as an urgency measure. Mayor Zeuschner noted that the ordinance would preserve the character of the Atascadero Beach Tract area until those deed restrictions can be incorporated into the Zoning Ordinance. Mayor Zeuschner opened the matter to the public. Supporting comments were heard from Ann Hald, Steve Semas, Jean Carpenter, and Don Coe regarding non-conformance with the deed restrictions. MOTON: Councilmember Kaltenbach moved that closed. The motion was seconded Miller and unanimously carried. (5-0) the by hearing be Councilmember MOTION: Councilmember Sheetz moved that Ordinance No. 270 be read by title and number only. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Mr. Napper read Ordinance No. 270 by number and title. MOTION: Councilmember Sheetz moved that Ordinance No. 270 be adopted as an urgency measure. The motion was seconded by Councilmember Kaltenbach and unanimously carried by roll call vote. (5-0) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 25, 1985 PAGE FOUR A-5 LCP 01-85 -AMENDMENT TO CITY'S LCP AND COASTAL PERMIT NO. 4-81-309 TO INTEGRATE MEASURE F RETROFIT AND THE EXISTING WATER ALLOCATION MODEL Mr. Multari stated that a conflict between the water allocation model and Measure F could develop during the fourth quarter of this year because the water allocation model emphasizes visitor- serving and other commercial development and could distribute more water to non-residential uses than allowed by Measure F. He recommended that Council approve an amendment to the water allocation model to incorporate the limits to commercial and industrial development relative to residental projects as allowed by Measure F. Mr. Multari also explained the retrofit concept and reviewed the guidelines for implementing the program. He proposes banking 50% of the water saved from the program for a two year period to allow monitoring of the program for effectiveness. With regard to the fees, staff had initially recommended that the equiva- lency cost of the water saved be allowed as a direct credit to the developer's cost of water equivalencies on his project. The Planning Commission, however, now recommends that the City only allow the actual capital cost of the retrofit to be deducted from the project's water equivalency cost. The City Administra- tor was recommending that Council adopt staff's initial recom- mendation to increase the equity and incentive for the developer to use the retrofitting program. Councilmember Risley asked if the Finance Department had made an analysis of the revenue that would be lost through water and sewer hook-up fees through this program. Mr. Multari stated that the projects already in line for this year would not be affected by this program, so no revenue would be lost this year. Also, the type of projects that would take advantage of the program are the projects that normally would not get into the system for water equivalencies. Councilmember Kaltenbach asked how staff would much water was being saved by the program and Mr. that they would do paper calculations first and the banking system and monitor the program for determine its effectiveness. determine how Multari stated then implement two years to Mayor Zeuschner opened the matter to the public for comment. Jim Rodgers asked how much water would be saved if all the pipes in the City were upgraded so they didn't leak. Mr. Multari stated that 700 to 800 equivalencies would be saved. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 25, 1985 PAGE FIVE Ralph Agee asked about the cost of the water saving devices and Mr. Multari said that they are relatively inexpensive. MOTION: Councilmember Sheetz moved that the hearing be closed. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Councilmember Risley complimented staff on its cooperation with the Coastal Commission on the LCP. He would be in favor of approving that item; however, he would like to have a report from the Finance Director as to the impact of the program on the budget before approving the fee schedule. He emphasized that this program will not solve Morro Bay's water problem and urged Council to continue implementing the water management plan to that end. Councilmember Miller was satisfied with the proposal by staff and felt that Council should approve the initial recommendation regarding fees. Mayor Zeuschner suggested that property owners be encouraged to nominate themselves for retrofitting and Mr. Napper stated that the City will act as a "broker" to take names of people inter- ested in the program. Mayor Zeuschner was also interested in the Planning Commission's recommendation regarding fees and thought perhaps the City could forgive up to 80% of the water equivalency fees and save 20% for the City's water program for administrative fees. MOTION: Councilmember Risley moved that Council adopt Resolu- tion No. 9-85 amending the Local Coastal Plan; and that the Finance Director be asked to bring back a report on the fee structure. The motion was seconded by Council- member Sheetz and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 DEFERMENT OF LIBRARY SIDEWALK IMPROVEMENTS (PULLED) B-2 QUARTERLY REPORT ON ANIMAL CONTROL ACTIVITIES Chief Howell reviewed his report for Council citing various sta- tistics regarding County Animal Control patrol hours, citations, and investigations. He noted that only $3,085 of the annual appropriation is left for animal control; however, it is hoped that the licensing fees to be collected shortly will supplement that account to get the City through this fiscal year. Councilmember Miller asked what constituted an emergency call and Chief Howell stated usually after hours calls regarding injured animals or animal bite to a person. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 25, 1985 PAGE SIX Howard Gaines expressed his dissatisfaction with the requirement in the contract with Animal Control for 3 people to sign a com- plaint before nuisance abatement by the Animal Control Depart- ment. MOTION: Councilmember Sheetz moved that Council report. The motion was seconded by Miller and unanimously carried. (5-0) accept the Councilmember B-3 DREDGING NEEDS -MORRO BAY FUEL DOCK AND MARINE WAYS Mr. Napper stated that staff had been in contact with the dredging firm currently dredging the bay and they had been unable to make a commitment to perform the dredging work needed at the Fuel Dock and Marine Ways. They are scheduled, by the Corps of Engineers, to leave Morro Bay next week and they also indicated that they did not feel their equipment is the most efficient nor effective way to handle the minimal work required at these sites. Mr. Napper stated that the City is also check- ing out suspicions that a large rock lies in the area of the Marine Ways. He stated that staff will continue to research these items and agendize for the Harbor Commission when solu- tions are determined. Councilmember Risley asked about measures to keep the siltation at the Fuel Dock from reoccuring if dredging is accomplished in that area. Mr. Nichols stated that staff is currently analyzing that problem and has yet to finalize a solution for Council consideration, but hopes to address it in FY 85-86. Councilmember Kaltenbach asked why the leaseholder at the Marine Ways was allowed to dump scrapings from boats into the bay. Mike Multari stated that there is an ordinance which prohibits the dumping of hazardous material in the bay; however, the possibility that this is occurring at the Marine Ways has just come to the attention of the City. Councilmember Sheetz asked if the leaseholder should be held responsible for the condition if he caused it. Mr. Napper stated that Council had expressed a willingness to work along with the leaseholders in the dredging matter in order to provide support for the commercial fishing industry. MOTION: Councilmember Risley moved that Council receive the progress report on the Fuel Dock and Marine Ways. The motion was seconded by Councilmember Sheetz and unani- mously carried. (5-0) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 25, 1985 PAGE SEVEN C. NEW BUSINESS C-1 ASSIGNMENT OF LEASE SITES NO. 102, 102W AND 105.1W, 105.2 - BREBES Mr. Napper stated that the City was in receipt of a request to assign the subject lease sites from Brebes Ocean House to Ralph and Shirley Gunther; no changes in use are requested and the lease states that assignment shall not unreasonably be withheld. The Harbor Commission has reviewed the matter and tabled it with a request for more information regarding the litigation on the lease site and questions regarding the ability of the Assignee to perform based on his performance at the Marine Ways boat haul out. As with all assignments, the transfer would be conditioned on the maintenance violations being brought up to code before the assignment would be effective. Mr. Napper stated that he has requested that Mr. Gunther post a bond to assure performance on the code violations. The sale of the business is presently in escrow with time restraints and the agent for the parties, Mr. Gallo, requested that the matter be heard before Council at this time even though the Harbor Commis- sion had not finished their consideration. Councilmember Sheetz asked if it was customary to enter into sale before approval of the Council for assignment. Mr. Napper stated that it was not customary before sale, but is usual to enter into escrow pending Council approval. City received the request for assignment on January 28th and had scheduled the matter before the Harbor Commission at their earliest meeting (Feb. 14). Councilmember Risley asked Mr. Lesage about a response to a question he had posed. Mr. Lesage submitted a memo which indi- cated that the County had received the grant of the tidelands leases July 7, 1960; any amendments in State law since the leases were entered into take precedence over the leases. However, the State Legislature has not amended the grant since 1960. He noted that the City cannot unreasonably withhold assignment, but that the time to modify the lease was when the leaseholder requested changes in use, etc. Councilmember Miller asked if the City could be lawsuit if they did not approve the assignment said yes. faced with a and Mr. LeSage Mr. Napper stated that the Council has the options of approving the assignment, denying the assignment with findings, or referring the matter back to the Harbor Commission. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 25, 1985 PAGE EIGHT Mayor Zeuschner stated that the problem with the assignment is the definition of reasonableness and that the Council would have to look at the past history of lease performance by the Assignee at his boat yard. He also wanted to see the list of code viola- tions, Harbor Commission recommendations, and bond posted. Councilmember Sheetz stated that the time restraints were the fault of the applicant and not the City. Mr. Gallo, representing the parties, did not feel that the boat yard should be a consideration in this matter. Mr. Gunther meets the terms of the lease in tha~ he is financially capable of conducting the businesses. He declined to have Mr. Gunther post a bond for the code violations but stated that Mr. Gunther would sign an agreement to bring the lease site up to code. He empha- sized the urgency in this matter. Councilmember Kaltenbach stated that just because Mr. Gunther is financially capable does not mean he is a good lessee for the City. Comments were heard from Bob Lane questioning the indemnifica- tion agreement, and Howard Gaines objecting to the City entering into an assignment where litigation exists. Nelson Sullivan read a letter in which he stated that the Morro Bay Commercial Fishermen's Organization had voted to express concern over the operation of Mr. Gunther's boat yard. He reviewed the defi- ciencies at the boat yard; objected to the Council allowing a monopoly of lease sites by few lessees; and urged the Council to follow the guidelines established by the tidelands trust. It was noted that Mr. Sullivan was speaking as a member of the Morro Bay Commercial Fishermen's Organization and not as a member of the Harbor Commission. Jody Giannini objected to the assignment based on the poor way in which Mr. Gunther operates his Marine Ways; he noted that there was another buyer for the Brebes lease site that would have been more acceptable to the fishing community. There followed an exchange involving Mike DeGarimore and Mr. Gallo with regard to previous negotiations for Mr. DeGarimore to purchase the Brebes lease site. Peter Diffley quoted from the Local Coastal Plan with regard to the Council's obligation for lease sites and the commercial fishing industry as a top priority. Cliff Smith, a member of the Harbor Commission questioned the litigation on the lease site and whether Mr. Gunther would be performing in this lease site the same way he performs at his other site. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 25, 1985 PAGE NINE Steve Sweetwood stated that the Harbor Commission needs time to study this issue. Councilmember Risley felt that code violations on lease sites should be corrected before assignments came to Council for approval. He stated that he, with Councilmember Kaltenbach and Nelson Sullivan, had attempted to inspect the Marine Ways and were denied access by Mr. Gunther; he felt that Mr. Gunther has something to hide. He suggested holding a public hearing to find out if Mr. Gunther is qualified to take this assignment; he is not willing to make a decision on this assignment until there is an inquiry. Councilmember Miller was in favor of approving the staff recom- mendation to approve the assignment; he felt that there were a number of personality conflicts between the fishermen and Mr. Gunther. Councilmember Kaltenbach disagreed with Councilmember Miller and stated that he did not feel that Mr. Gunther was qualified to take the assignment and was not in favor of creating a monopoly on the Embarcadero. Councilmember Sheetz felt that the lease should be transferred in a rentable condition and not left for the new leaseholder to bring up to code. She did not feel that she had enough evidence to support Mr. Gunther being qualified to conduct a fishing industry business. Mayor Zeuschner suggested that the Harbor Commission hold a special study session to consider this matter, that the City receive an indemnification agreement holding the City harmless between all parties and the assignee, that Council receive a list of the code violations, that the assignment be conditioned on the lease being operated to optimum rather than minimum, that the reputation of the applicant be investigated to establish if he is qualified to operate the lease site. MOTION: Councilmember Sheetz moved that this matter be tabled until the questions outlined by Mayor Zeuschner are answered. The motion was seconded by Councilmember Miller and carried with Councilmembers Kaltenbach and Risley voting no. ( 3-2) Council held a brief recess from 10:25 to 10:30 p.m. C-2 LABOR RELATIONS AGREEMENT -BECKER & BELL Mr. Henderson advised Council that the Becker & Bell expires February 28, 1985. current agreement with The proposed agreement MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 25, 1985 PAGE TEN would provide labor relations services for the period March 1, 1985 through February 28, 1986 and continue after that on a month to month basis if the City enters into multi-year con- tracts with the employee groups. He recommended that Council approve the agreement in the amount of $13,500 plus monthly expenses not to exceed $200 per month. Councilmember Kaltenbach asked why the City had to enter into an agreement of this nature and Mr. Henderson explained that the employee groups have labor professionals negotiating for them and Morro Bay, unlike larger cities, does not have the staff to accomplish this function. MOTION: Councilmember Sheetz moved agreement with Becker & Bell, services in the amount of penses not to exceed $200 per seconded by Councilmember carried. (5-0) that Council approve the Inc. for labor relations $13,500 per year plus ex- month. The motion was Risley and unanimously C-3 APPEAL OF SLIP LEASE QUALIFICATION REQUIREMENTS -SLIP #2 Mr. Nichols stated that City code provides that dock facilities be rented primarily to commercial fishing vessels. The City is in receipt of a request by Wes Christensen to waive this re- quirement due to the fact that he was unable to fish in 1984 because of personal problems. The Harbor Commission considered this request and recommended that Council grant Mr. Christen- sen's request for one year only. MOTION: Councilmember Kaltenbach moved that Council waive requirement for Mr. Christensen for 1985 only. motion was seconded by Councilmember Sheetz unanimously carried. (5-0) the The and C-4 FRIENDS OF THE LIBRARY REQUEST FOR DONATION OF CITY MATERIAL Mr. Napper stated that staff had received a request from the Friends of the Library for a donation of redwood from the old Black Hill water storage tanks to build wood benches for the Library patio area. The request is for 200 feet which is valued at $375. The City uses this wood to replace and repair the Centennial Stairway, improvements, etc. It is recommended that Council donate the wood to the Library providing the City retains the best grade and pieces for City needs and the Library pick up the wood at their cost. Councilmember Miller stated that while he did not object to the donation of the wood, the Council had been assured by the Friends of the Library when Council had last approved $20,000 for the sidewalk, that it would be the last time they came before Council for funding. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 25, 1985 PAGE ELEVEN MOTION: Councilmember Kaltenbach moved that Council donate the material to the Friends of the Library. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF FEBRUARY 11, 1985 Mr. Napper recommended that Council approve the minutes as submitted. D-2 RESOLUTION SUPPORTING AMENDMENT TO STATE AND INSURANCE CODES ON PUNITIVE DAMAGES AGAINST PUBLIC EMPLOYEES -RESOLUTION NO. 12-85 Mr. Napper recommended that Council adopt Resolution and authorize the City Clerk to distribute to representatives. D-3 EXPENDITURE REPORT -JANAURY 1985 No. 12-85 legislative Mr. Napper recommended that Council approve the e x penditure report as submitted. D-4 MONTHLY STATEMENT OF INVESTMENTS -JANUARY 1985 Mr. Napper recommended that Council adopt the report as submitted. D-5 CHAMBER OF COMMERCE MONTHLY REPORT -JANUARY 1985 Mr. Napper recommended that Council receive the report for file as submitted. D-6 CLAIM AGAINST CITY -REJECTION Mr. Napper recommended that Council deny the claim of Mr. Hinman and authorize the City Clerk to notify him. D-7 1984 ANNUAL REPORT OF REFUSE COLLECTION FRANCHISE BOARD Mr. Napper recommended that Council receive the report as submitted. D-8 PROPOSED AGREEMENT WITH BROWN & CALDWELL CONSULTING ENGINEERS FOR PRIME ENGINEERING SERVICES AT WASTEWATER TREATMENT PLANT Mr. Napper recommended that Council approve the agreement as proposed. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 25, 1985 PAGE TWELVE Howard Gaines passed out a newspaper item relative to Item D-2. MOTION: Councilmember Risley moved for the Consent Calendar as recommended. seconded by Councilmember Sheetz carried. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL approval of the The motion was and unanimously a. Councilmember Miller advised that he had received noti- fication from the Warden at the California Mens Colony that he had been appointed to the Advisory Board through his nomination from Assemblyman Seastrand's office. b. Councilmember Kaltenbach suggested that the City inves- tigate the possibility of hiring an inspector to review all Embarcadero lease sites for code violations. Councilmember Risley agreed with this and asked that staff bring back a report on that matter as well as establishing a policy decision by Council with regard to code violations being brought up-to-date before assignment. Councilmember Sheetz suggested that the City investigate hiring a full-time property manager for the lease sites. Mr. Napper stated that he could bring back the items regarding an inspector and code violation policy at the next meeting but would need more time to investigate the costs of hiring a full- time property manager. Councilmember Risley also stated that he was still interested in having Council consider hiring a full- time individual to handle both the City's legal business as well as property management. c. Mayor Zeuschner asked Council to authorize him to sign a proclamation in honor of the Camp Fire Girls 50th anniversary. MOTION: Councilmember Miller moved that the Mayor be authorized to sign the proclamation regarding the Camp Fire Girls. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) d. Mayor Zeuschner asked that he also be authorized to sign a proclamation on behalf of National Women in History Week. MOTION: Councilmember Miller moved that the Mayor be authorized to sign the proclamation regarding National Women in History Week. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 25, 1985 PAGE THIRTEEN e. Councilmember Risley asked about the status of the golf course transfer. Mr. Napper stated that he had recently met with the County and the State, and the State was still staying with their position on a 5-year lease and $80,000 per year abatement in rental payment. He hopes to have a proposed agree- ment for Council to review in the near future. f. Councilmember Risley asked about the status of the Cabrillo lawsuit. Mr. Lesage explained that he had been working on a statement with the other attorneys involved establishing the facts of the case so that it will only be a half -day trial. He noted that cases of this nature often take three years to go to trial. E-2 CITY ADMINISTRATOR a. Mr. Napper requested that Council set March 12, 1985 at 7:00 p.m. to hold their quarterly meeting with the Cayucos Sanitary District in Cayucos. Council concurred; Councilmember Miller stated that he probably would be unable to attend. b. Mr. Napper asked Council to designate two of their members to serve as a Council Grievance Committee to hear employee grievance appeals. Councilmembers Kaltenbach and Sheetz volunteered and were unanimously appointed by Council. c. Mr. Napper stated that he had received a request from Nancy Castle for the City to sponsor a grant she wishes to apply for through the California Arts Council. She plans to use the grant funds to produce Chess Live productions as well as offering workshops in theatre skills, acting and production. The request is for $3,300 in matching funds as well as $700 for facility rental at Morro Bay High School. He suggested that if Council was in favor of allocating funds to this program, that they use the Local Community Promotions funds which has $7,900 left in it. Ms. Castle outlined for Council the types of performances she planned to produce. Councilmember Sheetz felt that the program would be an asset to the City. MOTION: Councilmember Sheetz moved that Council serve as sponsor to the program ($3,300 matching funds). The motion was seconded by Councilmember Risley. Councilmember Miller felt that the matter should be tabled and agendized for the ne x t meeting to receive public comment on this item. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 25, 1985 PAGE FOURTEEN The motion carried with Councilmember Miller voting no. ( 4-1 ) Ms. Castle asked Council to also consider allocating the $700 for facility rental. MOTION: Councilmember Kaltenbach moved that Council allocate $700 to Ms. Castle for facility rental. The motion was seconded by Councilmember Risley and carried with Councilmember Miller voting no. (4-1) Mayor Zeuschner asked that Ms. Castle report back regarding the program activity. E-3 CITY ATTORNEY Mr. Lesage had nothing to report. F. ADJOURNMENT The meeting adjourned at 11 :13 p.m. Recorded by: Ardith Davis Deputy City Clerk