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HomeMy WebLinkAboutCC_1985-05-13 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 RECREATION HALL -7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE AGENDA INVOCATION -CHARLES ERICKSON, ST. PETERS EPISCOPAL CHURCH Members of the public wishing to address the Council are requested to limit their comments to a 5 minute time period. ORAL COMMUNICATIONS -Members of the audience wishing to address the Council on matters other than scheduled hearing items may do so when recognized by the Mayor, by standing and stating their name and address. Comments should normally be limited to three minutes. A. A-1 PUBLIC HEARINGS, REPORTS & APPEARANCES INTRODUCTION OF FY85-86 PROPOSED BUDGET A-2 CONSIDERATION OF ASSIGNMENT LEASE SITES NO. 102, 102W, 105.1W, 105.2 (BREBES) TO MICHAEL DE GARIMORE A-3 CONSIDERATION OF CONDITIONAL USE PERMIT REVOCATION -CENTRAL COAST SEAFOODS (MAIN STREET) A-4 CONSIDERATION OF CITY DRAFT HOUSING ELEMENT -SECOND HEARING A-5 WEED ABATEMENT HEARING, PUBLIC COMMENTS A-6 CITIZENS REQUEST TO DISCUSS LEASE SITE 93-95W (BANDSTAND -TED BROWN) B. B-1 c. C-1 UNFINISHED BUSINESS SOUTH T-PIER PHASE III DESIGN CRITERIA NEW BUSINESS NORTH COASTAL TRANSIT FY85-86 BUDGET ALTERNATIVES C-2 RESOLUTION NO. 36-85 AWARDING LABOR BID -WATERLINE PROJECT, PW84-36-02 D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF APRIL 22, 1985 D-2 RESOLUTION NO. 32-85 APPROVING GROUND LEASE -NUTMEG WATER TANK RELOCATION AGENDA -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE TWO D. CONSENT CALENDAR (cont.) D-3 RESOLUTION NO. 33-85 APPROVING SILVA WELL #8 RENEWAL D-4 RESOLUTION NO. 31-85 APPROVING BLACK HILL WATER TANK EASEMENT QUITCLAIM DEED D-5 AWARD OF ANNUAL WEED ABATEMENT CONTRACT D-6 BID AWARD, PW 85-130, 1/2 TON PICKUP WITH WINCH D-7 RESOLUTION NO. 35-85 AUTHORIZING AND ACCEPTING BUS REPLACEMENT GRANT D-8 HARBOR DIRECTOR JOB CLASSIFICATION AND AUTHORIZATION TO RECRUIT D-9 RESOLUTION NO. 37-85 SUPPORTING AB 2021 (CONNELLY) D-10 RESOLUTIONS NO. 41-85 AND (CALIFORNIA MAIN STREET ENTERPRISES CORPORATION) 42-85 SUPPORTING AB 2483 AND AB 1904 PROGRAM; CALIFORNIA RURAL ECONOMIC D-11 THIRD QUARTER ANIMAL CONTROL REPORT D-12 RESOLUTION NO. 39-85 APPROVING MAP FOR TRACT 1144 CONSTRUCTION FISHER D-13 PROCLAMATION DECLARING MAY 19-25, 1985 TO BE TRAFFIC SAFETY WEEK D-14 PROCLAMATION DECLARING MAY 15, 1985 PEACE OFFICER MEMORIAL DAY D-15 PROCLAMATION DECLARING MAY 12-18, 1985 NATIONAL POLICE WEEK D-16 PROCLAMATION DECLARING THE MONTH OF MAY 1985 AS OLDER AMERICANS MONTH D-17 APPROPRIATION FROM WATER FUND CONTINGENCIES FOR KINGS AVENUE WATER TANK REPAIRS D-18 RESOLUTION NO. 40-85 APPROVING MAP FOR TRACT 1174 CONSTRUCTION FISHER D-19 REQUEST BY PACIFIC SHELLFISH TO AMEND LEASE ASSIGNMENT CONDITION FROM CASH DEPOSIT TO PERFORMANCE BOND D-20 PROCLAMATION DECLARING MAY 13-19, 1985 TO BE SALVATION ARMY WEEK AGENDA -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE THREE E. E-1 E-2 E-3 F. INDIVIDUAL DETERMINATION AND/OR ACTION CITY COUNCIL CITY ADMINISTRATOR CITY ATTORNEY ADJOURNMENT NEXT MEETING: TUESDAY, MAY 28, 1985 7 P.M. (Due to Monday Memorial Day Holiday) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 RECREATION HALL -7:00 P.M. The meeting was called to order at 7:00 p.m. by Mayor Zeuschner. ROLL CALL PRESENT: ABSENT: STAFF: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz Gary Napper Forrest Henderson Michael Lesage Louise Burt Mike Multari Nick Nichols Steve Wolter Mayor Councilmember Councilmember Councilmember Councilmember City Administrator Acting City Administrator City Attorney Finance Director Community Development Dir . Public Works Director Recreation Director The Pledge of Allegiance was led by Horace Strong; Mr. Strong also gave the invocation. ORAL COMMUNICATIONS 1. Grace Melton advised Council that the Water Awareness Committee will be holding a Water Awareness Day at the Recrea- tion Hall, Saturday, May 18th. She reviewed some of the activities planned and stated that it would be free to the public. 2. Jack Frost of 371 Yerba Buena discussed the new project of nine new units being proposed for Yerba Buena. He suggested that a 4-way stop sign be placed at the intersection of Tide and Yerba Buena. Mr. Frost also encouraged the Council to relocate the Harbor Patrol office closer to the Rock for greater visibility of the harbor entrance. Mr. Frost objected to the notification process for rezoning; the only notification he received when property in his area was rezoned two years ago was an ad in the paper. He also admonished the Council that the beacon at the entrance to the harbor needed to be repaired. 3. Howard Gaines also discussed the rezoning notification process and stated that property owners within a 3 mile radius should be notified. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE TWO Mr. Gaines objected to item D-19 on the agenda which was a request by Pacific Shellfish to amend their lease assignment condition from a 100% cash deposit to a 150% performance bond. He stated that Council had discussed and decided on this matter at the last meeting, and if they were going to reconsider it, it should be as an agendized public hearing so the public can comment. 4. Nancy Castle advised that Chess Live! would be travel- ing to Visalia this weekend for a tournament with Visalia. 5. Ed Ewing, commercial fisherman, felt that the Council should keep the category designations on the Harbor Commission; he also felt that the alternates should not speak at the meetings. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 INTRODUCTION OF FY85-86 PROPOSED BUDGET Mayor Zeuschner stated that the proposed budget was available at City Hall and in the Library for public perusal. Forrest Henderson, Acting City Administrator while Mr. Napper is on vacation, presented the staff report. He stated that the budget represents a 2% increase over last year's; total budget $6.4 million. He recommended that Council receive the proposed budget and set May 28th as the first public hearing date on the budget and Federal Revenue Sharing. The first week in June should be set aside for daytime Budget workshops. MOTION: Councilmember Kaltenbach moved that Council proposed budget and set May 28, 1985 as hearing on the budget and revenue sharing. was seconded by Councilmember Sheetz and carried. (5-0) accept the the first The motion unanimously Councilmember Risley requested that staff develop a schedule of when specific items will be considered so that people interested in only specific parts of the budget can plan to be at the meetings at that time. A-2 CONSIDERATION OF ASSIGNMENT LEASE SITES NO. 102, 102W, 105.1W, 105.2 (BREBES) TO MICHAEL DE GARIMORE Mr. Henderson reviewed the staff report on this matter and stated that the proposed assignee has requested certain certifi- cations and financial encumbrance of the lease. In considering these requests, Council can also consider negotiating other changes to the leases. He noted that they are also requesting that Council approve 150% performance bond guaranteeing repairs MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE THREE to the lease maintenance violations and timetable within which to complete these repairs. The Harbor Commission has approved the assignment with conditions and recommends that Council suspend the Default Notice served on Brebes. Councilmember Risley asked questions regarding the Default Notice currently in effect against Brebes and Mr. Lesage explained the legal process if Brebes fails to comply. Mayor Zeuschner opened the matter to public hearing. Howard Gaines encouraged Council to continue with the default against Brebes and get the lease back for the City. He also objected to the fact that the financial statement from the proposed assignee was not audited; he did not think the assignee would qualify for a performance bond based on the information before Council. Mike DeGarimore, assignee, objected to the fact that his finan- cial statement was subjected to public scrutiny; his insurance company has stated that there will be no problem with the per- formance bond. He requested that Council approve the transfer. Mayor Zeuschner asked if he would be transferring his employees from his current location or employing those already employed by Brebes. Mr. DeGarimore said that he would be doing both. Councilmember Risley asked him how long it would take to trans- fer to the Brebes site and Mr. DeGarimore felt that he could be in by July 1, 1985. Ed Ewing spoke in favor of the transfer. Robin Baggett, attor- ney for Mr. DeGarimore, asked that authorization be granted for a member of the Council to sign a certification as to the authenticity of the lease documents for title insurance purposes and an estoppel certificate which basically says that the leases contain all agreements and no new things will come up other than what is in the lease documents. He also requested that Council approve the transfer so that they can close escrow on June 3, 1985. MOTION: Councilmember Sheetz moved that the hearing be closed to the public. The motion was seconded by Council- member Miller and unanimously carried. (5-0) Councilmember Sheetz felt that the City would not gain by con- tinuing with the Default against Brebes and attempting to regain the lease for the City as it would take a long time to do so legally through the courts. If the Council agrees to transfer, Mr. DeGarimore can begin a business on the Embarcadero which will benefit the commercial fishermen. Also, if Mr. DeGarimore doesn't have the proper credentials, he will not be able to obtain a loan for the improvements from a lending institution. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE FOUR MOTION: Councilmember Risley moved that Council approve the general concept of assignment of the lease to Mr. DeGarimore. The motion was seconded by Councilmember Sheetz. Councilmember Risley discussed the lease and stated that the City has the City's rights. In the future, holder who signs a lease to live lease. current defaults on this been inefficient in enforcing the City will expect a lease- up to the obligations of that The motion was unanimously carried by roll call vote. (5 -0) MOTION: Councilmember Sheetz moved that staff and City Attorney be authorized to prepare the 2 documents (certification regarding authenticity of lease documents and estoppel agreement) requested by the applicant's attorney and that the Mayor and City Clerk be authorized to sign. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Councilmember Risley asked where the City would be if Mr. DeGarimore defaults on the time schedule to correct the lease code violations. Mr. Lesage stated that the City would be where they are now, except for the added advantage of the performance bond requirement. He advised Council that an agreement be prepared regarding the conditions of assignment to be accepted by both parties; the City and the assignee. Along with the conditions, the agreement would outline the specifics regarding encumbrancing of the lease and the timetable for maintenance code violations to be completed. Councilmember Risley asked what the position of the City is with regard to the request to assign the lease to Gunther, which the Council denied after determining that Mr. Gunther was not quali- fied to have the assignment. Mr. Lesage said that the lease states that assignment of the lease cannot be unreasonably with- held and one of the tests of "reasonableness" is whether or not the proposed lessee is qualified to conduct the business of the lease. The Council, in protecting the rights of the commercial fishing industry, decided that Mr. Gunther was not; Mr. DeGari- more has experience in the fishing industry and, therefore, is qualified. MOTION: Councilmember Risley moved for approval of the terms and conditions as outlined in the staff report; also that the City Attorney investigate the question of encumbrance on the lease which does not have encum- MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE FIVE brance provisions in it; and stipulate and conditions be mutally agreeable assignee. The motion was seconded Sheetz and unanimously carried. (5-0) that the terms to the City and by Councilmember MOTION: Councilmember Sheetz moved that the Default Notice served on Brebes be suspended. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) MOTION: Councilmember Sheetz moved that staff be directed to prepare findings in support of the transfer. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) A-3 CONSIDERATION OF CONDITIONAL USE PERMIT REVOCATION -CENTRAL COAST SEAFOODS (MAIN STREET) Mr. Multari reviewed the history on the Planning Commission's recommendation to revoke the Conditional Use Permit for Central Coast Seafoods at 2170 Main Street. During the time period of the CUP, several revocation hearings were heard due to com- plaints by residential neighbors. The Planning Commission with- held revoking the CUP because of Mr. DeGarimore's efforts to relocate the business. However, on April 15, 1985, the Planning Commission found that continuous use at the Main Street site would be detrimental to the comfort and general welfare of the neighborhood and injurious and detrimental to the property in the neighborhood due to noise, odor, traffic and the industrial- like character of the operations. They also, in view of Mr. DeGarimore's attempts to acquire the Brebes lease site, recom- mended that if Council agrees to assign the lease to Mr. DeGari- more, that he be required to submit a schedule of dates by when his business would be relocated and the revocation of the CUP would be in effect if he failed to submit the schedule or meet the dates in the schedule as approved. Mayor Zeuschner opened the matter to the public. Ernest Maltby stated that the business has been in violation since 1981 and recommended that Council revoke the permit effective July 1, 1985. Dale Auth, a resident in the area, encouraged revoking the CUP with a specific deadline. 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) Councilmember Miller felt that Council should give Mr. DeGari- more at least until August 1st to relocate his business. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE SIX MOTION: Councilmember Risley moved that Council endorse the Planning Commission's recommendation that Council order the revocation of the CUP for Central Coast Seafoods based upon the findings of detriment to the welfare of the neighborhood, and request staff to prepare a reso- lution for formal adoption at the next meeting. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) MOTION: Councilmember Risley moved that Council endorse the Planning Commission's recommendation that Mr. DeGari- more be afforded the opportunity to delay the revoca- tion by presenting a specific timetable for phase-out of operations at the Council's next meeting. The motion was seconded by Councilmember Sheetz and unani- mously carried. (5-0) A-4 CONSIDERATION OF CITY DRAFT HOUSING ELEMENT -SECOND HEARING Mr. Multari reviewed the changes made in the draft Housing Element since the last Council meeting including a revision to the chart on Population by the Age and Sex; an appendix regard- ing Measure F; and an appendix regarding emergency shelter for the homeless. John Ashbaugh, planning consultant, was present to answer questions. Mr. Multari recommended that Council accept the Housing Element and direct that it be forwarded to the State Housing and Community Development Department for review and comment. He stated that they are obligated to reply within 45 days. Mayor Zeuschner opened the matter to the public for comments. 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) MOTION: Councilmember Sheetz moved that Council adopt the draft Housing Element as amended and forward it to the State Housing and Community Development Department for review. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) A-5 WEED ABATEMENT HEARING, PUBLIC COMMENTS Mr. Henderson stated that property owners had been notified of the City's intention to abate weeds on their property if they do not have it taken care of themselves. The hearing is to receive comments from property owners before the City commences abate- ment. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE SEVEN Mayor Zeuschner opened the hearing to the public. Howard Gaines stated that the City only gives the public thirteen days to abate the weeds; he did not feel that was a long enough period of time, especially for out of town property owners. It was noted that the notices were sent out mid-April notifying property owners to remove their weeds between May 17-30, 1985. Mr. Nichols stated that this period of time is established to allow the City time to get the assessments to the County for the tax roll. Earlier abatement is not allowed because the weeds would simply grow back. MOTION: Councilmember Kaltenbach moved that the hearing be closed to the public. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) Councilmember Risley stated that Phylis Dorn had asked him about the weeds on property next to the street along the Embarcadero below the bluff near Dorn's. Mr. Nichols stated that he would look into whether that was the City's responsibility or a property owner's. Warren Dorn asked that Morro Bay Beautiful be notified before mowing is done so that they can pick up papers in abatement areas before they are shredded by the mowing. No further action was taken. A-6 CITIZENS REQUEST TO DISCUSS LEASE SITE 93-95W (BANDSTAND - TED BROWN) Mr. Henderson reviewed this item and the sequence of events with regard to Mr. Brown's default on the lease. He noted that the City is not in a position to recognize subtenants on the lease without the formal approval on a Consent to Sublease by the master lessee. He recommended that Council receive testimony and direct the parties to work with the City Administrator. Michael Nolan stated that he was an attorney retained to repre- sent the individuals maintaining that they had a sublease with Mr. Brown. He stated that he had met with Mrs. Dennis' attorney and that it had been a promising meeting. He said his main concern was in removing Mr. Brown from the lease, the City does not remove the interest of subtenants or the interests of Mrs. Dennis. He asked Council to direct staff to work with them. Jody Giannini questioned Council about the liability to the City with the property in its present condition. Darlene (Pat) Rodgers stated that she was one of the sublessees and that they needed some documents that had not been provided to them. She stated that the City, as landlord, should have checked Mr. Brown out before letting him in. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE EIGHT Pat Biancardi stated that it was because of the City's position that many of the people made an investment in the project. He requested that the City recognize them as sublessees, because that is the only way they can provide a solution. Mr. Lesage stated that the City's involvement in the matter was to sign a master lease. Any sublease has to be in writing and has to be approved by the City Council. The City is not in a position to attempt to negotiate until after termination of the master lease. He cautioned Council against making any statement about what has or has not been done. Tom Quintana did not understand how the City could be concerned with Ted Brown's rights when he has taken $60,000 from the sub- tenants. Warren Dorn and Gene Dowdy spoke to the liability issue because of the condition of the site. Saheed Keshtgar stated that he had invested a lot of money in the site and requested Council's assistance. MOTION: Councilmember Risley moved that the public hearing be closed. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Mayor Zeuschner stated that he would support of the City staff to continue these problems. like to reaffirm the cooperation to resolve MOTION: Councilmember Risley moved that Council reaffirm their position that the City Administrator remain available to work with the individuals towards a resolution of the problem that does not jeopardize or expose the City to damages. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Staff was directed to review the situation at the site from a City liability standpoint. Mayor Zeuschner asked Mr. Nolan to contact Mr. Lesage to arrange for a meeting with him and the City Administrator. A brief recess was held from 9:06 p.m. to 9:15 p.m. B. UNFINISHED BUSINESS B-1 SOUTH T-PIER PHASE III DESIGN CRITERIA Mr. Nichols reviewed this item stating that Council had sent the concept plan back through the various City commissions for review and input. The recommendations of the Parks and Recrea- MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE NINE tion, Harbor and Planning Commissions have been included in the report to Council. Mr. Nichols reviewed the recommendations and requested guidance from Council, and then staff will develop the concept plan for comment. MOTION: Councilmember Risley moved that Council approve the recommendations of the Harbor Commission for design criteria with the addition suggested by the Planning Commission. The motion was seconded by Councilmember Kaltenbach. Councilmember Miller stated that he would like to have some input into the plan before it is finally approved; he had met with Mr. Petrillo of the Coastal Conservancy and he had made several suggestions with regard to the plan. There was discus- sion regarding Mr. Petrillo's visit to Morro Bay and Jody Giannini stated that he did not feel that Mr. Petrillo's meeting with anyone should change the plan as recommended by the Commis- sion's. Councilmember Miller stated that his suggestions were more of a safety nature rather than changing anything. The motion was unanimously carried. (5-0) C. NEW BUSINESS C-1 NORTH COASTAL TRANSIT FY85-86 BUDGET ALTERNATIVES Mr . Nichols reviewed the staff report on this item and recom- mended that council approve the NCT Budget Option B for FY85-86 as recommended by the Transportation Ad-Hoc Committee and direct the NCT Board representative to vote accordingly. MOTION: Councilmember Kaltenbach moved that Council adopt Option Bas recommended and that the City's representa- tive be directed to vote accordingly. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) C-2 RESOLUTION NO. 36-85 AWARDING LABOR BID -WATERLINE PROJECT, PW84-36-02 Mr. Nichols reviewed this matter and stated that Council had previously awarded the bid on the materials for this project. Bids on the labor portion had come in with Greengo, Inc. as the · low bidder in the amount of $124,112. Staff has estimated that City crews can perform the work more economically by City labor in the amount of $75,293. The City Administrator was recommend- ing that Council adopt Resolution No. 36-85 by 4/5ths vote affirming the fact that the City can perform the labor more economically and rejecting all bids. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE TEN MOTION: Councilmember Kaltenbach Resolution No . 36-85. Councilmember Risley. moved that Council adopt The motion was seconded by Mr . Lesage suggested that staff develop findings of fact for adoption at the next Council meeting with regard to rejecting the bids. The motion was unanimously carried by roll call vote. (5-0) MOTION: Councilmember Kaltenbach moved that staff return at the next meeting with synthesization of the material pre- sented by staff to constitute findings of fact. The motion was seconded by Councilmember Miller and unani- mously carried. (5-0) MOTION: Councilmember Sheetz moved that Council adopt the staff report in its entirety as providing the factual back- ground for determining that City forces can proceed more economically with the project. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) Gene Dowdy, a local contractor, City's bidding procedure before contractor's put considerable these projects. D. CONSENT CALENDAR expressed discouragement in the doing the work themselves; some time and effort into bidding for D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF APRIL 22, 1985 Mr. Henderson recommended that Council approve the minutes as submitted. D-2 RESOLUTION NO 32-85 APPROVING A GROUND LEASE NUTMEG WATER TANK RELOCATION Mr. Henderson recommended that Council adopt Resolution No. 32-85 approving a 25-year lease with the Righetti's for City use of a water storage tank site and authorizing the Mayor and City Clerk to sign. D-3 RESOLUTION NO. 33-85 APPROVING SILVA WELL #8 LEASE RENEWAL Mr. Henderson recommended that Council adopt Resolution No. 33-85 renewing the 10-year lease and authorize the Mayor and City Clerk to sign. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE ELEVEN D-4 RESOLUTION NO. 31-85 APPROVING BLACK HILL WATER TANK EASEMENT QUITCLAIM DEED Mr. Henderson recommended that Council adopt Resolution No. 31-85 quitclaiming certain land and easement rights back to the State. D-5 AWARD OF ANNUAL WEED ABATEMENT CONTRACT Mr. Henderson recommended that Council award the bid to J & E Enterprises contingent upon inspection of their equipment. D-6 BID AWARD, PW85-130, 1/2 TON PICKUP WITH WINCH Mr. Henderson recommended that Council adopt Resolution No. 34-85 awarding the bid to Palla Equipment in the amount of $13,032.700 and authorize the transfer of $1,532.70 from Collec- tion System Improvement Fund -Other Equipment to Collection System Improvement -Vehicles. D-7 RESOLUTION NO. 35-85 AUTHORIZING AND ACCEPTING BUS REPLACEMENT GRANT Mr. Henderson recommended that Council adopt Resolution No. 35-85 authorizing and accepting the UMTA grant bus replacement and appropriate $7,242 from FY84-85 Transit Fund contingencies to meet the City's grant obligations. D-8 HARBOR DIRECTOR JOB CLASSIFICATION AND AUTHORIZATION TO RECRUIT Mr. Henderson recommended that Council approve the job classifi- cation and authorize staff to advertise. D-9 RESOLUTION NO. 37-85 SUPPORTING AB 2021 (CONNELLY) Mr. Henderson recommended that Council adopt 37-85 and the City Administrator be directed legislators. Resolution No. to notify State D-10 RESOLUTIONS NO. 41-85 AND 42-85 SUPPORTING AB 1094 AND AB 2483 (CALIFORNIA MAIN STREET PROGRAM; CALIFORNIA RURAL ECONOMIC ENTERPRISES CORPORATION Mr. Henderson recommended that Council adopt Resolutions No. 41-85 and 42-85 and notify State legislators. D-11 THIRD QUARTER ANIMAL CONTROL REPORT Mr. Henderson recommended that Council receive and accept the report for file. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE TWELVE D-12 RESOLUTION NO. 39-85 APPROVING MAP FOR TRACT 1144 -FISHER CONSTRUCTION Mr. Henderson recommended that Council adopt Resolution No. 39-85 contingent upon City Attorney's approval of the CC&R's. D-13 PROCLAMATION DECLARING MAY 19-25, 1985 TO BE TRAFFIC SAFETY WEEK D-14 PROCLAMATION DECLARING MAY 15, 1985 PEACE OFFICER MEMORIAL DAY D-15 PROCLAMATION DECLARING MAY 12-18, 1985 NATIONAL POLICE WEEK D-16 PROCLAMATION DECLARING THE MONTH OF MAY 1985 AS OLDER AMERICANS MONTH Mr. Henderson recommended that Council authorize the Mayor to sign the proclamations. D-17 APPROPRIATION FROM WATER FUND CONTINGENCIES FOR KINGS AVENUE WATER TANK REPAIRS Mr. Henderson recommended that Council authorize the allocation of $8,000 from FY84-85 Water Operating Fund contingencies for emergency repairs to Kings Avenue water tank. D-18 RESOLUTION NO. 40-85 APPROVING MAP FOR TRACT 1174 -FISHER CONSTRUCTION Mr. Henderson recommended 40-85 contingent upon the CC&R's. that City Council adopt Resolution Attorney's approval of No. the D-19 REQUEST BY PACIFIC SHELLFISH TO AMEND LEASE ASSIGNMENT CONDITION FROM CASH DEPOSIT TO PERFORMANCE BOND Mr. Henderson recommended that Council rescind the 100% cash deposit requirement and substitute the condition of a Perfor- mance Bond in the amount of 150% of the revetment maintenance estimates as approved by the City Engineer and City Administra- tor subject to construction permit approval by permit-approving authorities. D-20 PROCLAMATION DECLARING MAY 13-19, 1985 SALVATION ARMY WEEK Mr. Henderson recommended that Council authorize the Mayor to sign the proclamation. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE THIRTEEN D-21 REQUEST TO DECLARE AUDITRONS SURPLUS PROPERTY Mr. Henderson recommended that Council declare the auditrons surplus property. Councilmembers pulled items D-1, D-8, D-11 and D-19 from the Consent Calendar. MOTION: Councilmember Risley moved for the approval of the Consent Calendar with the exceptions of Items D-1, D-8, D-11, and D-19. The motion was seconded by Council- member Kaltenbach and unanimously carried by roll call vote. (5-0) D-1 MINUTES Councilmember Sheetz requested a correction to the motion on page three of the minutes regarding the gazebo; the Council "tentatively" accept the gazebo. MOTION: Councilmember Risley moved that the minutes be approved as corrected. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) D-8 HARBOR DIRECTOR JOB CLASSIFICATION Councilmember Sheetz felt that the ad should emphasize experi- ence rather than education; a requirement for knowledge of ecology, the environment, Coastal Plan, Land Use Plan should also be included. Councilmember Risley stated that he was also concerned that the individual be environmentally aware and had a list of items to look for which had been prepared by a docent. Steve Sweetwood felt that the Council should feedback from Harbor Commissioners; the Harbor have to work with the individual. seek individual Commission will Councilmember Miller asked what the proposed salary was for the individual and Mrs. Burt stated that $30,000 (salary only) had been placed in the proposed budget. Councilmember Miller questioned the need for the position; the City has a Harbor Master. Councilmember Kaltenbach felt that the Harbor needs a manager who has experience in this area. not intended to a job; it is be addressed often times Mr. Henderson stated that a job description is address every function a person will perform in just a guideline. The Council's concerns can through the selection process. He noted that experience is an acceptable substitute for education for year basis. on a year MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE FOURTEEN Mayor Zeuschner suggested that the job description be amended to incorporate the Council's concern for an individual with an appreciation for environmental concerns. MOTION: MOTION: Councilmember Risley moved as amended. The motion Sheetz and carried with no. ( 4-1 ) for the approval of Item D-8 was seconded by Councilmember Councilmember Miller voting Councilmember be authorized was seconded Councilmember Sheetz moved that the City Administrator to advertise this position. The motion by Councilmember Risley and carried with Miller voting no. (4-1) D-11 ANIMAL CONTROL REPORT Councilmember Risley stated that the report indicates an im- provement in the process since it was first brought to Council's attention; he complimented the Police Chief on his efforts. MOTION: Councilmember Sheetz moved for the approval of Item D-11. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) D-19 PACIFIC SHELLFISH REQUEST RE: PERFORMANCE BOND Councilmember Risley brought up Howard Gaines' concern that this item be reagendized before changing what had been previously approved by Council. Mayor Zeuschner stated that the request was the original one presented to Council and he was prepared to vote in favor of it at that time; he preferred the 150% performance bond; Councilmember Sheetz agreed. MOTION: Councilmember Sheetz moved for the approval of Item D-19. 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 discussed the toxic waste manage- ment that was occurring in the Kettleman Hills area. Mayor Zeuschner stated that this matter will be coming before the Council as the Mayors had voted unanimously to urge all cities and the Board of Supervisors to hold hearings on toxic wastes. B. Councilmember Kaltenbach did not feel that the reorgan- izing of the Harbor Commission was proceeding fast enough; he would like to see staff advertise for the positions. Mr. Nichols MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE FIFTEEN explained that Council's direction at their last meeting was for staff to prepare an ordinance for the Harbor Commission's re- view. There had been only 4 working days between the Council's decision and the Harbor Commission meeting which was not enough time to prepare the ordinance. A proposed ordinance was scheduled to come before the Commission in June and should be before Council by their second meeting in June. Councilmember Risley agreed with Councilmember Kaltenbach that the process should be speeded up; he felt that the issue was a City Council function and the Harbor Commission should be by-passed in this instance and the ordinance brought directly to Council. C. Councilmember Miller stated that he would be out of town at the next Council meeting, May 28th. D. Councilmember Miller asked about the Peterson sewer problem and Mr. Multari stated that he would look into the matter and report back. E. Councilmember Miller stated that he would like to see a section in the proposed Harbor Commission ordinance that allowed people who owned businesses on the Embarcadero to be on the Commission even if they did not live in the City; he pointed out that this practice was allowed on another Commission. Council- member Risley disagreed stating that the only other Commission which allowed this practice was the Water Advisory Board and that was because of a suggestion taken from the State regarding the composition of a citizens advisory committee. Mayor Zeuschner asked ordinance for Council document. staff to include the option discussion when reviewing the in the proposed Councilmember Miller stated that he had been receiving calls about the Harbor Commission and that there is distrust of the Council regarding who will be appointed to the reorganized Commission. He suggested that the fishing community be allowed to select two members, the business community two members and the Council two members; he felt this would be unbiased. He also did not feel that the Commission should be paid. Councilmember Miller felt that some Councilmembers had discussed and decided on the issue of reorganizing the Harbor Commission prior to the meeting in violation of the Brown Act. Council- member Kaltenbach asked him to prove the accusation. F. Councilmember Risley asked for a report regarding the item involving the Police Department which is being investigated by the District Attorney. Mr. Henderson stated that a report from the DA's office has not been received yet. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 13, 1985 PAGE SIXTEEN E-2 CITY ADMINISTRATOR Mr. Henderson asked for a closed session to discuss a personnel matter. E-3 CITY ATTORNEY Mr. Lesage had nothing to report F. ADJOURNMENT MOTION: Councilmember Risley moved that the meeting be adjourned to closed session for discussion of a person- nel matter. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) The meeting adjourned to closed session at 10:28 p.m. and returned to regular session at 11:05 p.m. MOTION: Councilmember Risley moved that adjourned. The motion was seconded Sheetz and unanimously carried. (5-0) Recorded by: ~1d'O Ardith Davis Deputy City Clerk the by meeting be Councilmember