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HomeMy WebLinkAboutCC_1985-08-12 Regular Meeting MinutesREGULAR MEETING - AUGUST 12, 1985 AGENDA RECREATION HALL - 7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - CHRIS CAMERON, CALVERY BAPTIST CHURCH PRESENTATIONS 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 APPEAL OF PLANNING COMMISSION DENIAL OF TENTATIVE PARCEL MAP, CDP AND RELATED VARIANCE FOR REDIVISION OF 2 LOTS AT THE CORNER OF OLIVE AND SHASTA (CASE NOS. TENTA- TIVE PARCEL MAP ¢#MB 83-232/CDP 87-84R) A-2 SONIC CABLE TV REQUEST FOR FRANCHISE RENEWAL B. UNFINISHED BUSINESS None C. NEW BUSINESS C-1 COUNCIL DISCUSSION OF AMENDMENT TO WATER RETROFIT ORDINANCE, ORDINANCE NO. 265 C-2 MAINTENANCE AGREEMENT FOR BAYSHORE VILLAGE PARK AREA D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 22, 1985, THE SPECIAL MEETINGS OF JULY 16 AND JULY 27, 1985, AND THE REGULAR ADJOURNED MEETINGS OF JULY 29 AND 30, 1985 D-2 RESOLUTION NO. 80-85 DENYING APPEAL OF VARIANCES FROM MINIMUM LOT SIZE STANDARDS (CASE NO. VAR 09-85) D-3 RESOLUTION NO. 79-85 GRANTING APPEAL ON APPROVAL OF CUP'S FOR COMMERCIAL GHOST SHRIMP OPERATIONS (CASE NO. CUP 15-85, A-F) D-4 RESOLUTION NO. 84-85 DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A TENTATIVE TRACT MAP, CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A NINE -UNIT CONDOMINIUM PROJECT AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 12, 1985 PAGE TWO D. CONSENT CALENDAR (cont.) D-5 RESOLUTION NO. 81-85 DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION TO TABLE FOR UP TO SIX MONTHS, FINAL CONSIDERATION OF AN AMENDMENT TO A COASTAL DEVELOPMENT PERMIT D-6 RESOLUTION NO. 74-85 RATIFYING 3-YEAR CONTRACT WITH MORRO BAY EMPLOYEES ASSOCIATION D-7 RESOLUTION RATIFYING 2-YEAR EMPLOYEE CONTRACT WITH MORRO BAY POLICE OFFICERS ASSOCIATION (PULLED) D-8 RESOLUTION NO. 76-85 RATIFYING 3-YEAR CONTRACT WITH CONFIDENTIAL EMPLOYEES D-9 RESOLUTION NO. 78-85 SUPPORTING AB2182 AND AB2570 D-10 AWARD OF BID NO. PW-85-218 FOR STREET OVERLAY ASPHALT SUPPLIES D-11 RESOLUTION NO. 82-85 AWARDING REQUEST FOR PROPOSAL NO. PW85-210A FOR TRANSIT VEHICLE/DIAL-A-RIDE D-12 RESOLUTION NO. 83-85 AWARDING BID NO. PW85-212 FOR VIBRATORY ASPHALT ROLLER AND TRAILER D-13 WASTEWATER TREATMENT PLANT: OFFICE ENGINEERING SERVICES - AMENDMENT NO. 2 D-14 RESOLUTION NO. 73-85 COMMENDING AND SUPPORTING CONGRESSMAN PANETTA'S OFF -SHORE OIL DRILLING COMPROMISE D-15 RESOLUTION NO. 72-85 EXPRESSING APPRECIATION TO PUBLIC SAFETY PERSONNEL WHO WORKED DURING THE LAS PILITAS FIRE 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 - AUGUST 12, 1985 MORRO BAY RECREATION HALL - 7:00 P.M. Mayor Zeuschner called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Jeff Jorgensen Mike Multari Nick Nichols Elane Novak Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Community Development Dir. Public Works Director Deputy City Clerk The Pledge of Allegiance was led by Horace Strong; Chris Cameron of the Calvery Baptist Church gave the invocation. PRESENTATIONS Councilmember Sheetz gave Certificates of Appreciation to people who had entered the Harbor Festival poster contest. The winner of the poster contest will be presented with a certificate and $100 at a later date. Mayor Zeuschner presented a resolution of commendation to Shari Baudendistel and Stan Thomas representing about 50 people in our Fire and Police Departments for their efforts during the recent Las Pilitas and other wildfires. ORAL COMMUNICATIONS None. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION DENIAL OF TENTATIVE PARCEL MAP CDP AND RELATED VARIANCE FOR REDIVISION OF 2 LOTS AT THE CORNER OF OLIVE AND SHASTA (CASE NOS. TENTATIVE PARCEL MAP #MB 83-232/CDP 87-84R) Mr. Napper indicated that just before the meeting, he had dis- tributed to the Council a letter received today from adjacent property owners expressing their comments to the Council on this subject. Mr. Napper then turned the meeting to Mr. Multari for the staff presentation. MINUTES - MORRO REGULAR MEETING PAGE TWO BAY CITY COUNCIL - AUGUST 12, 1985 Mike Multari, Planning Director, presented the appeal and out- lined the Planning Commission's denial of a Tentative Parcel Map, Coastal Development Permit and related Variance from the minimum lot size requirements. He then gave a brief history of prior proceedings. He explained that the property consists of a portion of Lot 1 and 2. The property was left to several different people. The parties receiving the property agreed to a lot line adjustment between Lots 1 and 2. However, the lots have been used as one for a long time and it was determined that what was required was a special privilege, and the parcels did not fall into that area as there were no special circumstances which would warrant a Variance. Mayor Zeuschner opened the hearing to the public for comments. Bruce Elster spoke representing the appellant for the approval of the map. He did not want any confusion concerning the makeup of the map and gave a brief background. He said that through court proceedings, one of the parties received portion 2 which contains the garage. He explained the City does not have a process by which you can adjust the lines between the property without filing a parcel map. He stated there are already two parcels there. They have a separate deed, separate tax bill, but the property cannot be conveyed until they have a certifi- cate of compliance which Council denied to issue. He stated that if the application was denied, they had no course open to them but to go back to court, where the Superior Court has determined there are two lots and the land has been divided. Mrs. Walling felt Mr. Elster was in error as the lot has been one lot since 1880. She did not feel it would fit in with the neighborhood and she had circulated a petition and talked with others who felt the same way. James Montgomery, a neighborhood property owner, was against the lot division, indicating it would not enhance property values. MOTION: Councilmember Kaltenbach moved that the hearing be closed to the public. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) Councilmember Risley spoke briefly indicating that this has always been a single lot created out of portions of other lots. He feels the Council should put an end to this kind of thing. Councilmembers Sheetz and Kaltenbach were in agreement with Councilmember Risley, and felt that if an exception was made in this case it might set a precedent which others would follow for special favors. MINUTES - MORRO REGULAR MEETING PAGE THREE BAY CITY COUNCIL - AUGUST 12, 1985 Councilmember Miller felt that since there were two deeds, two tax bills and the lots had been legally split by the courts, even though the City was not in agreement, the City should let it stand rather than incur expenses of going to court. Mayor Zeuschner was concerned with a statement made by Mrs. Walling whereby 2 feet were on another lot and wondered if that would create a domino effect. Mike Multari indicated that it would not affect other lots. Also Mayor Zeuschner indicated that some title companies had said there were 2 lots and some said 1; which is correct? Mr. Multari indicated this had been researched by two City Attorneys and they indicated there were 2 lots. It was noted in the discussion that in 1935 they were officially resubdivided by deed into 2 lots, but there is still some controversy if that actually happened or was just proposed. Councilmember Risley referred to an appraisal report of December 1981 which indicated Lots 1 and 2 were made of two-thirds of 2 former building sites. Mr. Elster explained this is how they were referred to or described from the original subdivision as portions of Lot 1 and Lot 2, and that will always be their description. Mayor Zeuschner also feels that if a certificate of compliance were issued, it would set a precedent and he feels each case should be handled individually. MOTION: Councilmember Kaltenbach moved that staff be directed to draft a resolution to come back at the next meeting upholding the Planning Commission decision and denying the appeal. The motion was seconded by Councilmember Risley and carried on the following roll call vote: AYES: Kaltenbach, Risley, Sheetz NOES: Miller, Zeuschner A-2 SONIC CABLE TV REQUEST FOR FRANCHISE RENEWAL Mr. Napper reported that at this time the City is not actually renewing the cable franchise, but just entering into negotia- tions with Sonic TV. Sonic expressed a desire to renew and their notice is pursuant to State and Federal regulations. Mr. Napper explained the Cable TV Board was formed in 1983 and they have worked through some very difficult times and issues such as programming, rate control, rights to franchise renewals. MINUTES - MORRO REGULAR MEETING PAGE FOUR BAY CITY COUNCIL - AUGUST 12, 1985 State and Federal regulations have pre-empted a lot of local discretion such as to what can be programmed on the cable system and what the franchise fee shall be. At this time the City is getting 3% of gross receipts; there is now legislation to say the City will receive 5% of gross receipts but gross receipts will not include premium -pay television. The scope of the TV Board has changed greatly because of many changes in State and Federal regulations. Within the City's control is the length of the franchise and what kind of standards will be required. Mr. Napper indicated Sonic wants to rebuild the entire communi- cations cable system, which raises the question of what exactly this includes. According to the letter sent by Sonic they will rebuild all of the community cable system in the City. Mr. Napper indicated that there is an unwritten code among TV franchise companies that competitors will not enter an area where there already is a cable company. Regardless of this, the City did send out a letter to a number of cable companies. The letter was not a request for proposal but rather an expression of interest. By the closing date, the City had not received one response. A couple of days after the closing date a letter was received from one of the cable companies saying they were not interested in cabling Morro Bay at this time. Mr. Napper asked for Council's approval for himself, his assis- tant and the City Attorney to prepare a tentative agreement with Sonic to be submitted to the TV Board and then to Council for approval. Mr. Napper indicated the City should probably negotiate a month to month extension of the existing franchise with Sonic until an agreement could be reached for a long-term agreement. MOTION: Councilmember Risley moved to accept the staff recom- mendation to start negotiations with Sonic Cable TV. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Councilmember Risley stated that agreement would be better Kaltenbach agreed with him and should post a performance bond. B. UNFINISHED BUSINESS None he felt a short-term franchise for the City. Councilmember also felt that Sonic Cable TV MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 12, 1985 PAGE FIVE C. NEW BUSINESS C-1 COUNCIL DISCUSSION OF AMENDMENT TO WATER RETROFIT ORDINANCE, ORDINANCE NO. 265 Mr. Napper made a brief report and then turned the matter to Councilmember Sheetz. Councilmember Sheetz said the idea of retrofitting had looked good on paper but in actuality it might not turn out to be such a great program. Since she has had some experience with past droughts, she wanted to explore the water retrofit idea further. Councilmembers Kaltenbach and Risley agreed with Councilmember Sheetz. The whole idea is to save water and they want to be sure it is really working. Councilmember Kaltenbach asked if any retrofits had been granted. Mike Multari said yes but no construction had been started on any of the projects. Council - member Risley suggested that Council should review proposals granted by Planning Commission and that all retrofit proposals needed to go before Council. Mr. Multari explained that guide- lines were passed by Council at some earlier date granting the Planning Commission the right to make decisions within those guidelines. Mayor Zeuschner suggested Council look at the projects approved already. Mike Multari said there were 3 or 4 approved; a condo project, 3 small apartments with the largest project having 10 units. Mayor Zeuschner asked that the projects be monitored to see, if in fact, water was saved. Maybe the guidelines should be looked at to see if they needed ajustment or perhaps the ordinance itself should be looked at. Mr. Multari indicated some studies have been made on retrofit programs, so the City is not working in the dark. He has a copy of a HUD report, and it shows savings of substantial amounts of water. Mr. Multari said water bills will also be monitored in the next 2 years to see if water is really being saved. Mayor Zeuschner said he believes it will work, just wants to see how accurate the program is and how much water is saved. Mr. Napper indicated the only way to get accurate figures is to go through a pilot retrofit program and monitor it closely. He also suggested using the advisory boards to help; perhaps the Water Advisory Board could look at the plan and make a recommen- dation to Council; also the Planning Commission might be able to help in this area. Mr. Napper suggested that the Council may want to stop allowing retrofit water equivalencies until it is found out how well the program is going to work. MINUTES - MORRO REGULAR MEETING PAGE SIX BAY CITY COUNCIL - AUGUST 12, 1985 MOTION: Councilmember Risley moved that this item be tabled for one meeting and have staff bring a report as to actual permits given, projects approved, and projected water savings. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) C-2 MAINTENANCE AGREEMENT FOR BAYSHORE VILLAGE PARK AREA Mr. Napper reported that the parking lot and restrooms will be the responsibility of the City. Recreation has indicated they have enough manpower to take on this responsibility. The City has the option to revise the insurance requirements every 5 years if it wishes. The word "gravity" on page 5 of the report in the agenda packet should be struck out as the City has no responsibility for the project sewage system; this is to be the responsibility of the Bayshore Village Park Homeowners Associa- tion. Councilmember Risley feels the names of the people who signed the agreement should be typed in so they are readable. Ten years from now it will be difficult to know who signed. He also brought up the fact of a bike path that has been there for 15 years which has been cut into by the developer. He asked about the liability jurisdiction. Nick Nichols, Public Works Director, indicated that the developer is liable and has insurance to cover any problems. He also indicated that when the project is complete the bike path will be rerouted and usable once again. Councilmember Risley was also concerned about a fence that needs to go between some private property and the park as cars and individuals are going through the private property. Mr. Nichols indicated he did not know the contractor's schedule as to when he would be putting up the fence but will talk to him about it and get the fence up as soon as possible. MOTION: Councilmember Risley moved to approve the contract providing the names of signatures are typed in. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 22, 19851 THE SPECIAL MEETINGS OF JULY 16 AND JULY 27, 1985, AND THE REGULAR ADJOURNED MEETINGS OF JULY 29 AND 30, 9985 Mr. Napper recommended approval pending any amendments the Council might have. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 12, 1985 PAGE SEVEN D-2 RESOLUTION NO. 80-85 DENYING APPEAL OF VARIANCE FROM MINIMUM LOT SIZE STANDARDS (CASE NO. VAR 09-85 Mr. Napper recommended that Council adopt Resolution No. 80-85. D-3 RESOLUTION NO. 79-85 GRANTING APPEAL ON APPROVAL OF CUP'S FOR COMMERCIAL GHOST SHRIMP OPERATIONS (CASE NOS. CUP Mr. Napper gave Councilmembers a letter from the Fish and Game Commission, Executive Director Harold Cribbs, requesting the City hold off adopting Resolution No. 79-85 pending Fish and Game receipt of an Attorney General's opinion on the issue. D-4 RESOLUTION NO. 84-85 DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A TENTATIVE TRACT MAP,_ CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A NINE UNIT CONDOMINIUM PROJECT (CUP 17-85 CDP 10-85R) Mr. Napper said that a question has been raised as to whether the City owns Whidbey Street right-of-way to lease to the appli- cant for off -site parking. The question should be solved before entering into an agreement. The applicants have initiated a title check which hopefully was to have taken 3 to 4 days and now looks like it will take 30 to 45 days. The applicant has submitted a written request which was distributed to Council asking Council to agree to waive the time limits for a final decision until this title search is complete. Staff concurs with this request. D-5 RESOLUTION NO. 81-85 DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION TO TABLE FOR UP TO SIX MONTHS FINAL CONSIDERATION OF AN AMENDMENT TO A COASTAL DEVELOPMENT PERMIT Mr. Napper recommended that Council adopt Resolution No. 81-85. D-6 RESOLUTION NO. 74-85 RATIFYING 3-YEAR CONTRACT WITH MORRO BAY EMPLOYEES ASSOCIATION Mr. Napper recommended that Council adopt Resolution No. 74-85. D-7 RESOLUTION RATIFYING 2-YEAR EMPLOYEE CONTRACT WITH MORRO BAY POLICE OFFICERS ASSOCIATION (PULLED) Mr. Napper stated that this matter had been pulled for clarifi- cation of one point. This was done, however, and Mr. Napper recommended adoption of Resolution No. 75-85. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 12, 1985 PAGE EIGHT D-8 RESOLUTION NO. 76-85 RATIFYING 3-YEAR CONTRACT WITH CONFIDENTIAL EMPLOYEES Mr. Napper recommended Council adopt Resolution No. 76-85. D-9 RESOLUTION NO. 78-85 SUPPORTING AB 2181 AND AB 2570 Mr. Napper recommended that Council adopt Resolution No. 78-85. D-10 AWARD OF BID NO. PW-85-218 FOR STREET OVERLAY ASPHALT SUPPLIES Mr. Napper recommended that Council award Bid No. PW-85-218 to Union Asphalt, Inc. D-11 RESOLUTION NO. 82-85 AWARDING REQUEST 85-210A FOR TRANSIT VEHICLE DIAL -A -RIDE FOR PROPOSAL NO. PW Mr. Napper recommended that Council adopt Resolution No. 82-85 and award the 1984 grant contract approval; and, that Council encumber $11,756.54 from the FY85-86 Transit Contingency Fund for augmentation of local funding requirements. D-12 RESOLUTION NO. 83-85 AWRDING BID NO. PW 85-212 FOR VIBRATORY ASPHALT ROLLER AND TRAILER Mr. Napper requested Council reject the low bidder as they did not meet the City's bid specifications and adopt Resolution No. 83-85 awarding Bid No. PW 85-212 in the amount of $26,562.65 to Cen-Cal Machinery, Inc. of Fresno, CA. D-13 WASTEWATER TREATMENT PLANT: OFFICE ENGINEERING SERVICES AMENDMENT NO. 2 Mr. Napper recommended that Council approve the amendment as submitted and authorize staff to execute the related documents. L -I# 5de PC, 10 D-1% RESOLUTION NO. 73-85 EXPRESSING APPRECIATION TO PUBLIC SAFETY PERSONNEL WHO WORKED DURING THE LAS PILITAS FIRE Mr. Napper recommended that Council formalize their expression of appreciation by adopting Resolution No. 72-85. Councilmember Risley stated that with regard to the minutes of July 22, 1985, item D-1, page 4 needed to have item A-3 changed from its present title to Ghost Shrimping. Items D-2, D-3, D-4 and D-14 were pulled from the Consent Calendar for further discussion. MINUTES - MORRO REGULAR MEETING PAGE NINE BAY CITY COUNCIL - AUGUST 12, 1985 MOTION: Councilmember Risley moved that item D-1 be approved as amended and that all items on the Consent Calendar except for D-2, D-3, D-4 and D-14 be accepted. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) D-2 RESOLUTION NO. 80-85 DENYING APPEAL OF VARIANCES FROM MINIMUM LOT SIZE STANDARDS (CASE NO. VAR 09-85) Mr. Miller indicated he had this item pulled as he was against the action taken and wanted it to go on the record. MOTION: Councilmember Risley moved that item D-2 be approved. The motion was seconded by Councilmember Kaltenbach and carried on the following roll call vote: AYES: Kaltenbach, Risley, Zeuschner NOES: Miller ABSTAIN: Sheetz D-3 RESOLUTION NO. 79-85 GRANTING APPEAL ON APPROVAL OF CUP'S FOR COMMERCIAL GHOST SHRIMP OPERATIONS (CASE NO. CUP 15-85, A-5) Mayor Zeuschner stated that he would like this item tabled until the legal question had been resolved. Councilmember Kaltenbach objected to having it tabled until a later date. Jeff Jorgensen, City Attorney, said he had extensive telephone conversations over the last week with members of the Attorney General's Office, both the counsel for the Coastal Commission and also counsel for the Department of Fish and Game. There appears to be 2 major jurisdictional issues; first, between the City and the Coastal Commission with respect to who has juris- diction, if there is authority to regulate ghost shrimping under a Conditional Use Permit or a Coastal Development Permit. The second issue is whether or not ghost shrimping is a commercial fishing activity which is preempted by the Department of Fish and Game. There has not been time for the Attorney General to make an opinion and submit it to the City. Mr. Jorgensen felt the City would have authority under its Local Coastal Program and its zoning and planning regulations. Councilmember Kaltenbach felt decision it might be 2 or 3 Council to go ahead and make a Mayor Zeuschner responded that week or two, the item would be that if the City waits for a years down the road, and he wanted decision tonight. if a decision had not come in a brought back to Council. MINUTES - MORRO REGULAR MEETING PAGE TEN BAY CITY COUNCIL - AUGUST 12, 1985 MOTION: Mayor Zeushcner moved that the item be tabled and put on the agenda for the next Council meeting. The moton was seconded by Councilmember Risley and unanimously carried. (5-0) D-4 RESOLUTION NO. 84-85 DENYING AN APPEAL RE: NINE -UNIT CONDOMINIUM Councilmember Risley had some questions concerning the letter from Mr. Scott; he was not certain as to the intent of the letter. Mr. Multari stated that the intent of the letter was to waive requirement time for a tentative parcel map. He also stated Mr. Scott, one of the partners in the project, was present at the meeting. Mr. Kenneth Scott reaffirmed that the intent of the letter had been to waive the requirment time for the parcel map, and they were in agreement to that fact. Councilmember Risley said there were a number of homeowners from that area in the audience and they are preparing to file an appeal with the Coastal Commission and were just waiting for the Council's decision. He also felt that on a whole he agreed with the staff report but felt in Appendix A there were some incon- sistencies regarding interpretation of Land Use Plan Policy 9.05 and 9.06 on excavations. Mr. Frank Volpe came forward representing the people in the area who are considering filing an appeal, and wanted a committee to investigate why this particular area was rezoned. Mr. Jorgensen said they would not lose any rights by waiting to file their appeal pending Council final action. MOTION: Mayor Zeushcner moved that this matter be tabled for not more than 45 days pending outcome of the resolution of title to the right-of-way area. The motion was seconded by Councilmember Miller and unaimously carried. (5-0) D-14 RESOLUTION NO. 83-85 COMMENDING AND SUPPORTING CONGRESSMAN PANETTA'S OFF -SHORE OIL DRILLING COMPROMISE Councilmember Sheetz did not feel the Council should go forward with this resolution until it has a little stronger wording. She said she had calls from a number of concerned citizens regarding off -shore drilling. After reviewing the matter, she felt that Council should reconstruct a resolution concerning the needs and concerns of the people of Morro Bay after a public hearing. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 12, 1985 PAGE ELEVEN MOTION: Councilmember Sheetz moved that this item be scheduled for a public hearing. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Mr. Napper advised that on August 20th the Secretary of the Interior will be in San Luis Obispo for hearing on this matter and wanted to hear from one representative from Morro Bay. The hearing will be around 1:00 p.m. Mayor Zeuschner indicated he would like to compromise but would like to see the full agree- ment in writing first. Debra Young from the audience indicated she had asked for a copy of the compromise (she had called Panetta's office) and was told they would send her one. She followed up a week later and was told the request had to go through the Washington office and there was no way she could get it in time for the Monday meeting. She then started calling different people in Morro Bay and discovered that no one had a copy. She held the same senti- ments as Council and the Mayor as to why the City should adopt a compromise when it really did not know what it encompassed, having never seen it in writing. MOTION: Councilmember Risley moved that Mayor Zeuschner be the representative for Morro Bay and speak to Secretary Hodel and oppose the off -shore oil drilling. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Peter Diffley asked if individual comments concerning this matter could be sent to the Mayor; the Mayor said yes, he would accept any written positions to help formulate his official statement. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Councilmember Sheetz asked for $2,000 from the Local Community Promotions Fund to print posters for the Harbor Festival. The unsigned posters will cost $10; the signed ones will be $15. They already have pre -sale of 100-200 posters and the $2,000 will be paid back from the proceeds of all sales. MOTION: Councilmember Sheetz moved that Council authorize the $2,000 expenditure. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) B. Councilmember Risley asked about the 2 vacancies on the Water Advisory Board created by the resignations of Mr. Lane and Mr. Giannini. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 12, 1985 PAGE TWELVE MOTION: Councilmember Risley moved that the 2 positions on the Water Advisory Board be filled. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Councilmember Miller suggested the City contact everyone who had expressed an interest in any advisory board appointment. Mr. Napper indicated that this would be done. C. Mayor Zeuschner mentioned he had heard that Forrest Henderson was ill today and asked for a report from Mr. Napper. Mr. Napper indicated Mr. Henderson had been taken to the hospital and it had been determined he had not had a heart attack. Mayor Zeuschner asked Mr. Napper to express wishes for a speedy recovery from the Councilmembers. E-2 CITY ADMINISTRATOR Mr. Napper asked for a closed session on the Cabrillo Enter- prises lawsuit and personnel matters. E-3 CITY ATTORNEY No information was submitted. F. ADJOURNMENT MOTION: Mayor Zeuschner moved that the meeting adjourn to closed session. The motion was seconded by Council - member Kaltenbach and unanimously carried. (5-0) The meeting adjourned to closed session at 9:19 p.m. and returned to regular session at 10:25 p.m. MOTION: Councilmember Sheetz moved that Council adopt Resolu- tions No. 77-85 and 85-85 regarding 3-year compensation agreements for City Executive and Management personnel. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) MOTION: Councilmember Miller moved that the meeting be adjourned. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) The meeting adjourned at 10:27 p.m. Recorded by: ELANE NOVAK Deputy City Clerk