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HomeMy WebLinkAboutCC_1985-05-28 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING -MAY 28, 1985 RECREATION HALL -7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE AGENDA INVOCATION -REVEREND RON FAY, EL MORRO CHURCH OF THE NAZARENE 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. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON FY85-86 PROPOSED BUDGET AND REVENUE SHARING A-2 LEASE SITE NO. 49-49W BID SPECIFICATIONS A-3 TIME EXTENSION FOR BUS STOP AT MORRO ROCK PARKING LOT AND FOOT OF CENTENNIAL STAIRWAY FOR TOUR-WITH-US-BUS A-4 CONSIDERATION OF ORDINANCE COMMISSION NO. 271 REORGANIZING HARBOR B. UNFINISHED BUSINESS B-1 RESOLUTIONS APPROVING BREBES LEASE TRANSFER WITH CONDITIONS (DEGARIMORE) B-2 RESOLUTION NO. 50-85 REVOKING DE GARIMORE CUP; TIMETABLE FOR PHASE-OUT B-3 c. C-1 C-2 C-3 RESOLUTION NO. 49-85 ADOPTING FINDINGS FOR USE OF CITY FORCES FOR WATER MAIN REPLACEMENT NEW BUSINESS CONSIDERATION OF SPECIAL ALLOCATION OF WATER EQUIVALENCIES FOR RV OVERFLOW CAMPGROUND; RESOLUTION NO. 51-85 SET CLOSED SESSION TO INTERVIEW LEGAL SERVICES PROPOSAL REVIEW OF RFP -ARCHITECTURAL SERVICES FOR COMMUNITY CENTER AGENDA -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 28, 1985 PAGE TWO D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF MAY 13, 1985 D-2 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND CAL COAST CHARTER, INC. D-3 REQUEST TO PARTICIPATE IN EMERGENCY MEDICAL SERVICES AGENCY FOR FY85-86 ( $1 , 000) D-4 REQUEST BY WATER ADVISORY BOARD FOR $500 D-5 RESOLUTION NO. 46-85 REALLOCATING HARBOR STREET FAU FUNDS TO TWIN BRIDGES REPLACEMENT PROJECT D-6 RESOLUTION NO. 45-85 OPPOSING THE PROPOSED RATE INCREASE OF P.G.&E. TO RECOVER ALL COSTS OF DIABLO CANYON NUCLEAR POWER PLANT D-7 ACCEPTANCE OF GRANT OF EASEMENT FOR STORM DRAIN ACROSS PARCEL 3 AS DESCRIBED ON PARCEL MAP 78-49, D. MC ELMOYL (PULLED) D-8 MONTHLY EXPENDITURE REPORT -APRIL 1985 D-9 MONTHLY STATEMENT OF INVESTMENTS D-10 CHAMBER OF COMMERCE MONTHLY REPORT -APRIL 1985 D-11 SET HEARING DATE FOR APPEAL OF PLANNING COMMISSION APPROVAL OF CUP 17-85/CDP 10-85 (9-UNIT CONDO PROJECT AT YERBA BUENA AND MAIN ST.) -SET HEARING DATE FOR JUNE 10, 1985 D-12 SET HEARING DATE FOR APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL FOR CUP 18-85/CDP 11-85R, TENTATIVE PARCEL MAP (3-UNIT RESIDENTIAL CONDOMINIUM AT ANCHOR AND MAIN) SET HEARING DATE FOR JUNE 10, 1985 D-13 RESOLUTION NO. 43-85 REGARDING THE STORAGE OF RADIOACTIVE WASTE MATERIAL D-14 RESOLUTION NO. 44-85 APPROVING FINAL MAP FOR TRACT 1124 AND ACCEPTING THE DEDICATIONS; TEXACO, INC. D-15 PROCLAMATION DECLARING THE WEEK BEGINNING JUNE 2, 1985 AS NATIONAL SAFE BOATING WEEK IN MORRO BAY D-16 RESOLUTION NO. 48-85 COMMENDING GERALD RETIREMENT FROM CITY EMPLOYMENT RANSOM UPON HIS AGENDA -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 28, 1985 PAGE THREE D-17 SET HEARING DATES FOR CONSIDERING APPEAL FROM PLACING DELINQUENT UTILITY BILLS ON TAX ROLLS D-18 CLAIM DENIAL -JOEL JAMES 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 -MAY 28, 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 Bruce Risley Rose Marie Sheetz Jim Miller Gary Napper Michael Lesage Louise Burt Forrest Henderson Mike Multari Nick Nichols Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Asst. to the City Admin. Com. Development Dir. Public Works Director The Pledge of Allegiance was led by Horace Strong; Mr. Strong also gave the invocation. ORAL COMMUNICATIONS 1. Councilmember Kaltenbach stated that he had been served with a Notice of Intention to Recall and stated that the reasons set forth in the Notice were a violation of his civil right to freedom of speech; he also stated that he would be suing the lady who signed the Notice and others connected with it. 2. Howard Gaines criticized the recall and initiative efforts and gave Councilmembers Kaltenbach and Risley each $50 toward fighting the recall movement. 3. Nancy Castle reported on Chess Live's recent tournament that although Morro Bay lost the game, hosted by the Visalia group and have Bay for a tournament during the Harbor in Visalia and stated they were graciously invited them to Morro Festival. 4. Ed Ewing delivered envelopes to Councilmembers Kaltenbach and Risley and copies of the Notice of Intention to Recall to the City Clerk regarding these Councilmembers. 5. M'May Diffley stated that the Coastal Commission has approved the City's amendment to the Land Use Plan and recon- ciled the water allocation program with Measure F. 6. Frank Volpa stated that the Planning Commission was un-American in that there is a developer on the Commission and that Commissioner always votes for builders; this is a conflict of interest. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 28, 1985 PAGE TWO A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON FY85-86 PROPOSED BUDGET AND REVENUE SHARING Mr. Napper discussed Revenue Sharing funds and the probability of the federal government terminating this program. Because of this, the City is only anticipating receiving 1/2 of the expected allocation ($85,000). He noted that various agencies in the County request funding from Revenue Sharing, however, Morro Bay usually funds these requests from the General Fund. Mr. Napper recommended that Council open the public hearing and use information provided for the budget workshops. Mayor Zeuschner opened the matter to the public; he stated that there is a schedule available of the times Council will be considering various portions of the budget, and the community is welcome to attend these meetings for input on specific items or departments. Councilmember Risley requested that the first workshop scheduled for June 3rd start at 9:30 a.m. instead of 9:00 a.m.; Council concurred. Katherine Walling suggested that Council budget for an overhead projector for the various Council and Commission meetings to facilitate public awareness of the items being considered. Bob DeSomer spoke on behalf of the Salvation Army requesting Council support so that they can staff their office for 4 hours per day. MOTION: Councilmember Sheetz moved that the hearing be closed to the public. The motion was seconded by Council- member Kaltenbach and unanimously carried. (4-0-1) A-2 LEASE SITE NO 49-49W BID SPECIFICATIONS Steve Wolter explained staff's suggestions on this site to tie the lease site in with the Tidelands Park in a joint private- public venture. He outlined the constraints on the area and the proposed lease and projected a revenue return to the City of $16,000 to $29,000 the first year. Mr. Wolter recommended that Council approve the bid specification and authorize staff to advertise for bid proposals on Lease Site 49-49W and Tidelands Park boat slips. Nancy Bast stated that the Harbor Commission did not have enough time to look at the Tidelands Park plan and felt that it should be returned to them for another review before the lease site goes to bid. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 28, 1985 PAGE THREE Mr. Lesage stated that there needed to be some technical changes in the bid specifications regarding bonding, insurance, acknowledgement of the Tidelands Boundary Agreement and a provision reserving the right to modify the existing lease. MOTION: Councilmember Kaltenbach moved that the hearing be closed to the public. The motion was seconded by Councilmember Risley and unanimously carried. (4-0-1) Councilmember Risley asked what the function of the Army Corps of Engineers was with regard to the boat slips. Mr. Nichols stated that the developer must obtain a permit from them as well as the Coastal Commission. MOTION: Councilmember Sheetz moved that Council approve the bid specifications for Lease Site 49-49W, and authorize staff to advertise for proposals on this lease site and construction of Phase II of Tidelands Park; also that the changes suggested by the City Attorney be incor- porated in the bid specifications. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0-1) A-3 TIME EXTENSION FOR BUS STOP AT MORRO ROCK PARKING LOT AND FOOT OF CENTENNIAL STAIRWAY FOR TOUR-WITH-US-BUS Mr. Napper stated that the applicant had been allowed to use 2 parking spaces at the steps of the Centennial Stairway for a bus stop; this permit had been granted in 1984 for a one year period. During that time, the applicant had not used the spaces, but was now requesting an extension on the permit. The Harbor Commission, in considering this matter, had recommended against the extension because of the applicant's inability to perform last year. However, the Planning Commission approved the extension because the operation would be beneficial to parking, pollution and tourism. The permit was extended until November 1, 1985. The matter was before Council because of the split vote between the two Commissions; no action is required if Council agrees with the Planning Commission decision. Councilmember Risley asked why they had not operated during the previous year and Mr. Napper stated because they had trouble finding an area to store and maintain their vehicle. Council consensus was to let the Planning Commission determina- tion stand. A-4 CONSIDERATION OF ORDINANCE NO. 271 REORGANIZING HARBOR COMMISSION Mr. Napper provisions reviewed the proposed ordinance which for a 7-member Commission, compensation contained for MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 28, 1985 PAGE FOUR Commissioners, 2 meetings per month, and eliminating the cate- gories. He noted that there is a problem in locating a place for the Commissioners to meet on the twice a month basis. Councilmember Kaltenbach stated that he was willing to negotiate with regard to the number of Commissioners to be on the new Harbor Commission. Councilmember Sheetz suggested that the Commission be scheduled to meet on the second and fourth Wednesdays in the Vet's Hall. She also suggested that the proposed ordinance be referred back to the Harbor Commission at a special meeting next week for their consideration. Comments from individuals in favor of leaving the Commission as it is and retaining the category designations were heard from Ed Ewing, Jeremiah Brown, Dean Tyler, Kathleen Stocking, Ed Sylvester and Mike Radon. Mr. Radon stated that the Commercial Fishing representative on the Harbor Commission, Mr. Sullivan, was not representing the Commercial Fishermen. Comments were also heard from Howard Gaines and M'May Diffley supporting the reformation of the Commission. MOTION: Councilmember Kaltenbach moved that the meeting be closed to the public. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0-1) Mayor Zeuschner stated that he did not feel the category desig- nations were important if the Commission was changed from an advisory board to a quasi-judicial board. He felt that perhaps the Commission could be a 5-member board with two ex-officio members representing two different categories on the Embarca- dero; i.e., commercial fishermen and waterfront businesses. These two members would not necessarily have to be residents of Morro Bay. He reminded the public that the Council can only appoint from those that apply, and encouraged anyone to apply when the positions become available. Councilmember Risley reviewed the history of the Harbor Commis- sion and stated that he did not agree with the alternate member method established with the Harbor Commission; he felt that the Commission should be reorganized to give it equal status with the Planning Commission. By consensus, Council set Tuesday, June 4th at the Vet's Hall as a special meeting for the Harbor Commission to consider the proposed ordinance with the suggestions made by Council; this is to be the only item on the Harbor Commission agenda and the matter is to be returned to Council with their input at the next Council meeting. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 28, 1985 PAGE FIVE B. B-1 UNFINISHED BUSINESS RESOLUTION APPROVING BREBES LEASE TRANSFER WITH CONDITIONS (DEGARIMORE) Mr. Napper stated that Council had approved this transfer at the last meeting with conditions; the Resolutions formalized that approval. Mr. Lesage stated that the Addendum should include a provision that failure to construct as agreed within the dates prescribed is a violation of the lease that would allow 30 days notice to vacate lease. There should also be a provision to post a bond in the amount of 150% of the engineer's estimate of the cost of the improvements, along with a maximum start date specified. Howard Gaines stated that the type specified and Council agreed that should be designated in the Addendum. of engineer should be Registered Civil Engineer MOTION: Councilmember Risley moved that Council adopt Resolu- tions No. 52-85 and 53-85 with the amendments suggested by Mr. Lesage and the addition of designating the engineer as Registered Civil Engineer. The motion was seconded by Councilmember Sheetz and unanimously carried by roll call vote. (4-0-1) B-2 RESOLUTION NO. 50-85 REVOKING DE GARIMORE CUP; TIMETABLE FOR PHASE-OUT Mr. Napper stated that Council, at their last meeting, had voted to revoke Mr. De Garimore's CUP at the Main Street address, but had also suspended the revocation based on Mr. DeGarimore pro- viding the City with a timetable for relocating his operation to the Brebes lease site. According to the timetable, Mr. DeGari- more has agreed to relocate by July 1, 1985. MOTION: Councilmember Kaltenbach Resolution No. 50-85. Councilmember Sheetz. moved for the The motion was adoption of seconded by Mr. DeGarimore stated that he would have some difficulty meeting the timetable if the Planning Department was unable to speed up their processing of the permit. Mr. Multari stated that their department has a back-log and Mr. DeGarimore would have to wait his turn; he suggested allowing a little more time for the relocation. Councilmember Kaltenbach amended his motion to include that the Planning Director be allowed a 14-day leeway in holding Mr. DeGarimore to the timetable. The amendment was accepted by Councilmember Sheetz and the motion carried unanimously. (4-0-1) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 28, 1985 PAGE SIX B-3 RESOLUTION NO. 49-85 ADOPTING FINDINGS FOR USE OF CITY FORCES FOR WATER MAIN REPLACEMENT Mr. Napper stated that Council had rejected all bids on this project at their last meeting; the resolution is a formality to adopt findings that the City crews can perform the work more economically. MOTION: Councilmember Risley moved for the adoption of Resolu- tion No. 49-85. The motion was seconded by Council- member Kaltenbach and unanimously carried by roll call vote. (4-0-1) C. NEW BUSINESS C-1 CONSIDERATION OF SPECIAL ALLOCATION OF WATER EQUIVALENCIES FOR RV OVERFLOW CAMPGROUND; RESOLUTION NO. 51-85 Mr. Multari stated that the applicant was requesting an advance on water equivalencies so that construction on the over-flow sites can begin and the sites be ready for occupation by July 1st. He stated that there is precedent for this type of allocation and it would be borrowing against the equivalencies that will be awarded on July 1st. He recommended that Council approve the special award of 4.7 water equivalencies and that the equivalencies be deducted from the commercial category reserved for the July water award. MOTION: Councilmember Risley moved for the adoption of Resolution No. 51-85. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0-1) C-2 SET CLOSED SESSION TO INTERVIEW LEGAL SERVICES PROPOSAL Mr. Napper stated that the Council sub-committee had reviewed and selected four attorneys from the applications received to be The interviews 7, 1985, at He said that workshop to interviewed for the position of City Attorney. will take place in closed session on Friday, June 4:00 p.m. in the City Hall Conference Room. Council should adjourn from their June 6th budget that date and time. No action was required. C-3 REVIEW OF RFP ARCHITECTURAL SERVICES FOR COMMUNITY CENTER Mr. Wolter stated that Council had directed, at the joint meeting between the Council and the Parks and Recreation Commis- sion, that an RFP be prepared for architectural services for the MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 28, 1985 PAGE SEVEN Community Center. He noted that the Community Center is esti- mated to cost $1.4 million and estimated funding for the RFP is $210,000; however, Phase I (program development design) only needs to be funded at this time for the estimate of $98,000. He recommended that Council approve the draft RFP and authorize staff to initiate the process. MOTION: Councilmember Sheetz moved that Council approve the RFP and authorize staff to proceed with the advertising. The motion was seconded by Councilmember Risley and unanimously carried. (4-0-1) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF MAY 13, 1985 Mr. Napper recommended that the minutes be approved as submitted. D-2 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND CAL COAST CHARTER, INC. Mr. Napper recommended that Council approve Amendment No. 1 and authorize the Mayor to sign. D-3 REQUEST TO PARTICIPATE IN EMERGENCY MEDICAL SERVICES AGENCY FOR FY85-86 ($1,000) Mr. Napper recommended that Council encumber $500 from Account No. 01-610380 in the FY84-85 Fire Budget to be combined with the FY85-86 Budget of $500 to support the County EMS Agency in FY85-86 conditioned upon total city-county participation. D-4 REQUEST BY WATER ADVISORY BOARD FOR $500 Mr. Napper recommended that Council Water Operating Fund contingencies water rate structure and authorize approve the expenditures. allocate $500 from FY84-85 for refinement of the City's the City Administrator to D-5 RESOLUTION NO. 46-85 REALLOCATING HARBOR STREET FAU FUNDS TO TWIN BRIDGES REPLACEMENT PROJECT Mr. Napper recommended that Council adopt Resolution No. 46-85. D-6 RESOLUTION NO. 45-85 OPPOSING THE PROPOSED RATE INCREASE OF P.G.&E. TO RECOVER ALL COSTS OF DIABLO CANYON NUCLEAR POWER PLANT Mr. Napper recommended that Council adopt Resolution No. 45-85. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 28, 1985 PAGE EIGHT D-7 ACCEPTANCE OF GRANT OF EASEMENT FOR STORM DRAIN ACROSS PARCEL 3 AS DESCRIBED ON PARCEL MAP 78-49, D. MC ELMOYL (PULLED) No action required. D-8 MONTHLY EXPENDITURE REPORT -APRIL 1985 Mr. Napper recommended that Council approve the mo nthly expenditures as submitted. D-9 MONTHLY STATEMENT OF INVESTMENTS Mr . Napper recommended that Council receive and accept the investment report as filed. D-10 CHAMBER OF COMMERCE MONTHLY REPORT -APRIL 1985 Mr . Napper recommended that Council receive the report as filed. D-11 SET HEARING DATE FOR APPEAL OF PLANNING COMMISSION APPROVAL OF CUP 17-85/CDP 10-85 (9-UNIT CONDO PROJECT AT YERBA BUENA AND MAIN ST.) -SET HEARING DATE FOR JUNE 10, 1985 Mr. Napper recommended that the hearing date be set for June 10, 1985 . D-12 SET HEARING DATE FOR APPEAL OF PLANNING COMMISSION APPROVAL OF CUP 17-85/CDP 11-85R, TENTATIVE PARCEL MAP (3-UNIT RESIDENTIAL CONDOMINIUM AT ANCHOR AND MAIN) -SET HEARING DATE FOR JUNE 10, 1985 Mr. Napper recommended that Council set June 10, 1985 as the hearing date for this appeal . D-13 RESOLUTION NO. 43-85 REGARDING THE STORAGE OF RADIOACTIVE WASTE MATERIAL Mr . Napper recommended that Council adopt Resolution No . 43-85 . D-14 RESOLUTION NO . 44-85 APPROVING FINAL MAP FOR TRACT 1124 AND ACCEPTING THE DEDICATIONS; TEXACO, INC. Mr. Napper recommended that Council adopt Resolution No. 44-85. D-15 PROCLAMATION DECLARING THE WEEK BEGINNING JUNE 2, 1985 AS NATIONAL SAFE BOATING WEEK IN MORRO BAY Mr. Napper recommended that Council authorize the Mayor to sign the proclamation. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 28, 1985 PAGE NINE D-16 RESOLUTION NO. 48-85 COMMENDING GERALD RANSOM UPON HIS RETIREMENT FROM CITY EMPLOYMENT Mr. Napper recommended that Council adopt Resolution No. 48-85. D-17 SET HEARING DATES FOR CONSIDERING APPEAL FROM PLACING DELINQUENT UTILITY BILLS ON TAX ROLLS Mr. Napper recommended that Council set July 8, 1985 to hear the appeals. D-18 CLAIM DENIAL -JOEL JAMES Mr . Napper recommended that Council deny the claim and authorize the City Clerk to send notification. Councilmember Kaltenbach requested that Items D-2, D-4, D-14 be pulled from the Consent Calendar for discussion. D-5, and separate MOTION: Councilmember Risley moved for the approval of the Consent Calendar with the exception of Items D-2, D-4, D-5, and D-14. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0-1) D-2 AMENDMENT NO. 1 -CAL COAST CHARTER Mr. Kaltenbach reviewed the complaints he had received regarding the Dial-a-Ride contract service in Morro Bay. In the future, the City should operate it or find a new contractor. MOTION: Councilmember Kaltenbach moved for the approval of item D-2 as recommended by the City Administrator. The motion was seconded by Councilmember Risley and unanimously carried. (4-0-1) D-4 WATER ADVISORY BOARD REQUEST FOR $500 Councilmember Kaltenbach stated that he was opposed to this allocation as it would set a precedent; he did not expect to get any compensation when he was on the Water Advisory Board. Mr. Napper explained that the funding is not for members of the Board but for miscellaneous expenses for the students conducting the study of the water rate structure. MOTION: Councilmember Sheetz moved for the approval of item D-4 as recommended by the City Administrator. The motion was seconded by Councilmember Risley and unanimously carried. ( 4-0-1) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 28, 1985 PAGE TEN D-5 RESOLUTION NO. 46-85 -TWIN BRIDGES Councilmember Kaltenbach stated that he didn't understand this item and Mr. Napper explained that since the Environmental Impact Report for this project would take a considerable amount of time to prepare, it was suggested that Council allocate reimbursable monies now so that the project can be expedited. MOTION: Councilmember Kaltenbach moved for the approval of D-5 as recommended by the City Administrator. motion was seconded by Councilmember Sheetz unanimously carried. (4-0-1) D-14 RESOLUTION NO. 44-85 -FINAL MAP, TRACT 1124 Item The and Councilmember Kaltenbach requested item and Mr. Nichols stated that after the applicant has completed Tentative Map. further explanation on this the adoption is a formality all the requirements of the MOTION: Councilmember Sheetz D-14 as recommended motion was seconded unanimously carried. moved for the approval of by the City Administrator. by Councilmember Kaltenbach ( 4-0-1) E. E-1 INDIVIDUAL DETERMINATION AND/OR ACTION CITY COUNCIL item The and A. Mayor Zeuschner presented a resolution commending 3 Boy Scouts who had achieved the title of Eagle Scouts; he read Resolution No. 54-85 in its entirety. MOTION: Mayor Zeuschner moved for the adoption of Resolution No. 54-85. The motion was seconded by Councilmember Risley and unanimously carried. (4-0-1) B. Councilmember Risley brought up some correspondence received regarding the Small Cities Roundup and asked if any Councilmembers planned to go. Councilmembers would let the City Administrator's office know if they wished to attend. C. Councilmember attend the League of Monterey. Risley stated that California Cities he would Executive like Forum to in D. Councilmember Risley brought up the matter of the Qualman suit against the City and the letter received from Ted Brown. There was also a letter from a property owner in the San Bernardo Creek area MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MAY 28, 1985 PAGE ELEVEN Mr. Napper stated that claim from Mr. Qualman had been referred to the City's liability carrier for processing. Mr. Napper stated that he had met with Mr. Brown and Mr. Brown was supposed to be at the meeting this evening to discuss Lease Sites 93-95W with the Council. Although Mr. Brown was not at the meeting, his associate, Vincent Hammond, was present. Mr. Nichols also reviewed the San Bernardo Creek matter involv- ing a neighbor dispute of land rights. E. Councilmember Sheetz reviewed her trip to Sacramento and her, and Councilmember Kaltenbach's, discussions with Senator Maddy and Assemblyman Seastrand regarding the various issues facing Morro Bay. E-2 CITY ADMINISTRATOR A. Mr. Napper requested a closed session to discuss personnel matters; employee negotiations, an evaluation, and the District Attorney's investigation regarding the Police Depart- ment's handling of an incident. B. Mr. Napper asked if Council wanted to hear anything on the Ted Brown matter. Council asked if Mr. Hammond, represent- ing Ted Brown, had anything to add to Mr. Brown's letter. Mr. Hammond stated that he was at the meeting as an observer only and that the letter speaks for itself. Mr. Napper stated that if there was nothing further than the letter from Mr. Brown for Council to suspend the Default matter, then he would recommend that Council take no action and let the default take its course. Council agreed F. ADJOURNMENT MOTION: Councilmember Sheetz moved that the meeting adjourn to closed session. The motion was seconded by Council- member Kaltenbach and unanimously carried. (4-0-1) The meeting adjourned to closed session at 9:55 p.m. and returned to regular session at 11:27 p.m. MOTION: Councilmember Sheetz moved that the meeting be adjourned. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0-1) The meeting adjourned at 11 :28 p.m. to June 3, 1985, 9:30 a.m. in the City Recreation Hall for Budget Workshops. Recorded by: ARDITH DAVIS Deoutv Citv Clerk