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HomeMy WebLinkAboutCC_1985-09-10 Regular Meeting MinutesMORRO BAY. CITY COUNCIL REGULAR MEETING - SEPTEMBER 10, 1985 AGENDA RECREATION HALL - 7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS 1. PRESENTATION REGARDING WATER AWARENESS PROGRAM 2. PRESENTATION TO BOB DESOMER OF A PORTABLE RADIO FOR USE IN CIVIL DISASTER PREPAREDNESS 3. PRESENTATION TO TWO CITIZENS WHO RESCUED A RESIDENT FROM A BURNING BUILDING 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 AMENDMENT TO WATER RETROFIT ORDINANCE; CONSIDERATION OF ORDINANCE NO. 273 A-2 APPEAL OF PLANNING COMMISSION'S DENIAL OF A 13-LOT SUBDIVISION; JACK LOPERENA, APPLICANT/APPELLANT; TENTATIVE TRACT MAP 21 31 /CDP 77-84R A-3 APPROVAL OF GRANT APPLICATION FOR PROPOSITION 30 FUNDS FOR COMMUNITY CENTER PROJECT, RESOLUTION NO. 89-85 A-4 CONSIDERATION OF SPEED LIMIT ON MAIN STREET FROM HIGHWAY 41 TO YERBA BUENA (PULLED) B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 272 AMENDING CERTAIN SECTIONS OF THE MUNICIPAL CODE, NOTICES --DOCUMENTS (2ND READING) B-2 RESOLUTION NO. 79-85 GRANTING APPEAL ON APPROVAL OF CUP'S FOR COMMERCIAL GHOST SHRIMP OPERATIONS (CASE NO. CUP 15-85, A-F) AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 10, 1985 PAGE TWO C. NEW BUSINESS C-1 HARBOR COMMISSION RECOMMENDATION ON SLIP WAIVER, RESOLUTION NO. 90-85 ESTABLISHING PROCEDURE TO QUALIFY AS A COMMERCIAL VESSEL FOR THE PURPOSE OF LEASING CITY DOCKING FACILITIES C-2 QUARTERLY REPORT ON WATER PROJECTS C-3 MONTHLY EXTENSION TO CURRENT CABLE FRANCHISE C-4 EXPENDITURE OF OUTSIDE COMMUNITY PROMOTIONS FUNDS, BROCHURE PRINTING AND DISTRIBUTION D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF AUGUST 26, 1985 D-2 DENIAL OF CLAIM AGAINST THE CITY (HOLDERNESS) D-3 APPROVAL OF CITY INVESTMENT POLICY STATEMENT D-4 RATIFICATION OF COUNCIL ORDER TO ISSUE CERTIFICATE OF COMPLIANCE (OLIVE AND SHASTA, CHAMBERS) D-5 COMPLETION AND ACCEPTANCE OF OFF -SITE IMPROVEMENTS FOR MORRO BAY LIBRARY D-6 COUNCIL LETTER ON OFFSHORE OIL DRILLING COMPROMISE D-7 PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 21-28, 1985 AS COASTWEEK, AND SEPTEMBER 21, 1985 AS CALIFORNIA COASTAL CLEAN-UP DAY E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY F. ADJOURNMENT TO WEDNESDAY, SEPTEMBER 11, 1985, 7:00 P.M. AT THE CAYUCOS FIRE STATION TO HOLD A JOINT MEETING WITH THE CAYUCOS SANITARY DISTRICT MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 10, 1985 RECREATION HALL - 7:00 P.M. Mayor Zeuschner called the meeting to order at 7:00 p.m. PRESENT: Bud Zeuschner Ray Kaltenbach Jim Miller Rose Marie Sheetz ABSENT: Bruce Risley STAFF: Gary Napper Jeff Jorgensen Mike Multari Nick Nichols Steve Wolter Bernie Zerr Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Community Deveopment Dir. Public Works Director Recreation and Parks Dir. Fire Chief Deputy City Clerk The Pledge of Allegiance was led by Horace Strong; he also gave the invocation. PRESENTATIONS 1. PRESENTATION REGARDING WATER AWARENESS PROGRAM Grace Melton, Water Advisory Board Chairperson, stated that the Scenic Coast Board of Realtors had co -sponsored a contest in which individuals could submit essays on how to save water. First prize went to Priscilla Stevens of San Luis Obispo in the amount of $50; second prize of $25 to Edwin McCracken of Morro Bay; and third prize of $10 to Norma Williams of Morro Bay. 2. PRESENTATION TO BOB DESOMER OF —A PORTABLE RADIO FOR USE IN CIVIL DISASTER PREPAREDNESS Mayor Zeuschner presented a portable radio to Bob DeSomer to be used by Mr. DeSomer in his capacity as director of the local Salvation Army unit in their operations with civil disasters. Mayor Zeuschner mentioned the help they provided during the recent Las Pilitas fire in San Luis Obispo and thanked Mr. DeSomer for his work in this area. 3. PRESENTATION TO TWO CITIZENS WHO RESCUED A RESIDENT FROM A BURNING BUILDING Mayor Zeuschner presented certificates of appreciation to Phillip Smith and Anthony Farley for risking their lives in rescuing John Geiger from a burning building on August 15, 1985. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 10, 1985 PAGE TWO 4. Rose Marie Sheetz presented the winning entry in the Harbor Festival Poster contest and stated the posters will be sold for $10 each. The artist will be at the Harbor Festival and will sign posters for an additional $5 each. 04 AV5TE2 ORAL COMMUNICATIONS 1. Warren Dorn, President of Morro Bay Beautiful, discussed the scenic Highway 1 beautification program which will get underway shortly. He said it was a five year effort and thanks should be given to Jesus Garcia, Eric Seastrand, Henry Mello, Ken Maddy, and Governor Deukmejian. 2. Jane Masterson, Commander, Disabled American Veterans, Chapter No. 96 of Cambria, stated that she had been contacted about the lack of handicapped parking on the Embarcadero. After reviewing the situation, she named several locations where Council should establish handicapped parking. 3. Louis Caratan stated that his family owns the property proposed as the location for the Morro Bay Hotel. He explained that the City had solicited the project and he hoped the project could be carried through to completion. 4. Ed Ewing stated that Council should look into the laws of the Harbor Commission as to the number of times a Commissioner can miss meetings; he stated that one Commissioner has missed 3 consecutive meetings. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON AMENDMENT TO WATER RETROFIT ORDINANCE; CONSIDERATION OF ORDINANCE NO. 273 Mr. Multari reviewed this matter stating that Council had directed at their last meeting that an ordinance be prepared amending the retrofit ordinance to establish a pilot program; that ordinance was included in the packet for Council review. Councilmember Sheetz asked how many applications would be eligible each year under the retrofitting program. Mr. Multari stated that it would depend on who is in line for the regular program and the limitations imposed by Measure F; he thought around 35. Councilmember Miller asked Mr. Multari if Measure F governs building in Morro Bay no matter what happens to the retrofit program. Mr. Multari stated that no matter how much water the City gets, Measure F still sets limits on annual building. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 10, 1985 PAGE THREE Mayor Zeuschner opened the matter to the public for comments. Dan Reddell encouraged Council to leave the retrofit ordinance as it is; they will be putting a moratorium on building single family and multiple family residences if they change the ordinance. Also speaking in favor of leaving the retrofit ordinance intact as is were Jim Rodgers, Warren Dorn, Dale Reddell, Jim Maul, Barbara Sanders, Pat Sparrow, Ed Ewing, Herminia Ward, Jack Franklin, Ned Rogoway, Roy McLaughlin, Ray Biering, Bruce Elster, and A. J. Wright. Mr. Biering, attorney representing Morro Bay Hotel, stated the real issue with Council was the proposed hotel project on the Caratan property and the fact that some people see changing the retrofit ordinance as a way to stop the Morro Bay Hotel project. He reminded the Council that the Coastal Commission would have the final say if they decided to change the ordinance and asked Council not to change the rules in the middle of the game. Comments were heard in favor of modifying the ordinance from Peter Diffley, Howard Gaines, Dorothy Cutter, Scotty Campbell, and Nancy Dunn. They were concerned the saving of water was only on paper and Council needed a pilot program to see if retrofitting really works. Bob Taft questioned the water situa- tion in Morro Bay at the present time; he felt if there was an ample reserve, then retrofit should continue. If not, then the City should find another way to get water saving devices installed. Jane Masterson agreed with him, and added the entire West region is having water problems. MOTION: Councilmember Kaltenbach moved that the hearing be closed to the public. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) Councilmember Miller was not in favor of amending the ordinance. He said that he knows retrofitting works and the Coastal Commission has the final say in the matter. MOTION: Councilmember Miller moved that Council drop, as of now, the proposed amending ordinance and stay with the retrofit program as it is. The motion died for lack of a second. Mayor Zeuschner was in favor of amending the ordinance to pro- vide a better mix of residential vs. commercial buildings being retrofitted. He realized it was easier for the developer to retrofit motels and restaurants, however, Council's intention when adopting the program was to target residential and low- income areas for retrofitting. He would like to see a system whereby low income people were given priority for retrofitting. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 10, 1985 PAGE FOUR He also did not believe that retrofitting was a solution to the water problem; the City needs other water sources in order to provide a long-term solution. He stated that in his mind the retrofitting program was separate from the type of projects under consideration; he felt that Measure F adequately con- trolled the amount of building in Morro Bay. He wanted the first 7 or 8 projects monitored and quarterly Council reports on the amount of water saved through this program. Councilmember Kaltenbach stated that the program was a farce; the savings is all based on paper. He thought program was to help the little guy, and it did not seem to be accomplishing that. He felt that the San Bernardo Dam was the only way to get additional water in Morro Bay. He criticized the proponents of the program and stated that if the City saved all the water they expected, it wouldn't have room to store it. Councilmember Sheetz stated that she had initially brought up the subject of possible changes to the program because of dis- cussions regarding the Caratan project. She felt the program should help the small developer alleviate some of the costs and that small homeowners should have the opportunity to be retro- fitted. She thought perhaps the ratio of water saved should be different for commercial developments. She was in favor of monitoring the program, but not stopping it; she noted that changes could be made to the program without the approval of the Coastal Commission. Councilmember Sheetz suggested that the Water Advisory Board be charged with monitoring the program and work with the Senior Citizens to establish a list of seniors and low-income people who could benefit from the retrofitting. Councilmember Miller asked about his motion and Council informed him that it had died for lack of a second. Councilmember Miller admonished the audience to remember this when they went to the polls in November 1986, because Council was railroading their changes through in spite of public testimony. Mr. Multari asked Council to modify their request for quarterly reports to semi-annually. He said the quarterly reports would not give him enough time to assess the impacts of the program. Council concurred. MOTION: Councilmember Sheetz moved that staff be directed to prepare an amendment to the ordinance to include pro- viding semi-annual reports on the retrofitting program; projects must contain a mix of housing vs. commercial; identify some way of prioritizing low income housing; the Water Advisory Board to assist in monitoring the program; and commercial establishments to contain a higher savings ratio than residential. The motion was seconded by Councilmember Kaltenbach and carried on the following roll call vote: MINUTES - MORRO REGULAR MEETING PAGE FIVE AYES: NOES® ABSENT: BAY CITY COUNCIL - SEPTEMBER 10, 1985 Kaltenbach, Sheetz, Zeuschner Miller Risley Council agreed that the information would come back at a subsequent meeting, not necessarily the next one, and the program could go forward as currently written for the time being. The Mayor called a brief recess from 8:54 p.m. to 9:03 p.m. A-2 APPEAL OF SUBDIVISIO TRACT MAP JACK 1 CDP NG COMMISSION'S DENIAL OF A 13-LOT LOPERENA, APPLICANT/APPELLANT; TENTATIVE Mr. Napper explained that because of time provisions on appeals to the Subdivision Map Act, Council must decide the matter this evening. Mr. Multari reviewed the project which is a request for a 13-lot residential subdivision for property located on Ironwood. The Planning Commission had denied the request because the neighbor- hood is generally composed of large lots and the visual character of the area is worth preserving; it did not conform with Policy 12.01 of the Coastal Land Use Plan which requires new projects to be visually compatible with the surrounding area. The applicant appealed the decision based on their feeling that the Planning Commission's decision was arbitrary and abused their discretion. Mayor Zeuschner opened the matter to the public for comments. Bruce Elster, engineer representing the applicant, passed out excerpts from the Subdivision Map Act, City LCP, and Coastal Commission LCP manual. He reviewed various sections in this document with Council and pointed out that Mr. Loperena could have asked for 21 lots and instead was only asking for 13. He maintained that Policy 12.01 of the LCP upon which the Planning Commission had based their denial applied to the highly scenic areas in Morro Bay; the property in question is not designated as a highly scenic area. Mary Osborne, a resident in the area, spoke against allowing the subdivision. She was concerned about the drainage construction and maintenance and what kind of homes were going to be built. Paul Price, also a neighborhood resident, felt that Mr. Loperena should have to conform to the CC&R's like other residents did years ago. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 10, 1985 PAGE SIX Ray Biering, attorney representing Mr. Loperena, stated that the Planning Commission committed a prejudicial act of discretion in denying this application; there is no substantial evidence to support a finding of denial that this project was inconsistent with the LCP, no evidence how this project impacts the scenic quality of the area. He requested that Council grant the appeal and reverse the Planning Commission decision. There were rebuttal arguments from Ms. Osborn, Mr. Elster and Mr. Price. MOTION: Councilmember Kaltenbach moved that the hearing be closed to the public. The motion was seconded by Councilmember Miller and unanimously carried. (4-0) Mr. Jorgensen recommended that Council not try to enforce pri- vate Covenants and Conditions; it is the City's responsibility to enforce the zoning ordinance and regulations, not a contrac- tual relationship between individuals. With regard to the con- cerns about drainage, he stated that there were no guarantees, however, the conditions are reviewed by the City and there are enforcement mechanisms available which can be applied to the project. He does not agree with the applicant's contention that because the Tentative Map expired, the City was required to approve this one; the section cited is not applicable here. He felt that it was a reasonable interpretation of the LCP that the visual quality be considered and not necessarily limited to designated high visual areas. He agrees that the decision before the Council is a question of if Section 12.01 applies, then is this particular proposal consistent with the character of the area. Council needs to be aware this property and others around it are zoned R1 and they should look at the zoning and development of the properties adjacent to this proposal. MOTION: Councilmember Kaltenbach moved that Council uphold the Planning Commission decision to deny the appeal. The motion was seconded by Councilmember Sheetz. Mayor Zeuschner stated that although the project was well designed, other lots in the area are around 1/2 acre. He could see putting 6 or 7 lots on this parcel, but not 13. He agreed that the Council could not enforce private Covenants and Conditions. The motion carried with Councilmember Miller voting no. ( 3-1 ) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 10, 1985 PAGE SEVEN A-3 APPROVAL OF GRANT APPLICATION FOR PROPOSITION 30 FUNDS FOR COMMUNITY CENTER PROJECT, RESOLUTION NO. 89-85 Mr. Wolter explained that Proposition 30 authorized the sale of $50 million in state general obligation bonds for grant funding through Senior Center Bond Act. He reviewed the grant priori- ties and stated that over $400,000 is available to San Luis Obispo County and $650,000 in Santa Barbara County. There is a chance if Santa Barbara does not use their total allocation, some of it could transfer to San Luis Obispo County. He recom- mended that Council adopt Resolution No. 89-85 authorizing the application for grant funds and authorize the Mayor to sign the list of assurances. Jim Rodgers, President of the Morro Bay Seniors, stated that the Seniors now had $95,000 in their building fund to go towards the Community Center and he hoped they would complete their $100,000 commitment by November of this year. MOTION: Councilmember Kaltenbach moved that Council adopt Resolution No. 89-85 and authorized the Mayor to sign the list of assurances. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) A-4 CONSIDERATION OF SPEED LIMIT ON MAIN STREET FROM HIGHWAY 41 TO YERBA BUENA (PULLED) B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 272 AMENDING CERTAIN SECTIONS OF THE MUNICIPAL CODE, NOTICES --DOCUMENTS (2ND READING) Mr. Napper recommended that Council move to read the Ordinance by title and number only and then adopt Ordinance No. 272 as the second and final reading. MOTION: Councilmember Sheetz moved that Ordinance No. 272 be read by title and number only. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) Mr. Napper read Ordinance No. 272 by title and number only. MOTION: Councilmember Sheetz moved for adoption of Ordinance No. 272 as a second and final reading. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 10, 1985 PAGE EIGHT B-2 RESOLUTION NO. 79-85 GRANTING APPEAL ON APPROVAL OF CUP'S FOR COMMERCIAL GHOST SHRIMP OPERATIONS (CASE NO. CUP 15-85, FAM Mr. Napper stated that the Department of Fish and Game has ruled to allow hydraulic pumping to continue until December 1985. This ruling, however, did not contain an opinion as to permit jurisdiction. He recommended that Council request the City Attorney prepare a legal opinion as to the jurisdictional issue. Councilmember Kaltenbach stated that other agencies had banned ghost shrimping in their areas; he could not see why Morro Bay couldn't do the same. Mayor Zeuschner felt that the City should express itself on the matter even if it did not pass the resolution banning the hydraulic pumping of ghost shrimp. If Council had no objec- tions, he stated he would appoint a committee to draft a letter for Council consideration on this issue. Mr. Jorgensen stated that he would prepare an opinion on this matter, however, he would like it to be a confidential matter and discussed in closed session due to the potential litigation involved depending on the City's final action. Councilmember Sheetz said there should be a ban on all pumping until the area has a time to heal itself. She thought commer- cial fishing was not allowed in the Bay; only sport fishing. Mr. Jorgensen said he would look into that matter and address it in his opinion to Council. MOTION: Councilmember Kaltenbach moved that the City Attorney be directed to prepare an opinion on this matter. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) MOTION: Councilmember Sheetz moved that Council table Resolu- tion No. 79-85 until an opinion on this matter is received from the City Attorney. The motion was seconded by Councilmember Miller and unanimously carried. (4-0) MOTION: Councilmember Sheetz moved that Council authorize the Mayor to appoint a sub -committee to draft a letter expressing Council's opposition to hydraulic pumping of ghost shrimp in Morro Bay Harbor, and that the letter be brought back to the Council at their next meeting for consideration. The motion was seconded by Councilmember Kaltenbach. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 10, 1985 PAGE NINE Councilmember Miller stated that he was not in favor of this motion because the City did not know all the legal ramifications of the issue yet. The motion carried with Councilmember Miller voting no. ( 3-1 ) C. NEW BUSINESS C-1 HARBOR COMMISSION RECOMMENDATION ON SLIP WAIVER, RESOLUTION NO. 90-85 ESTABLISHING PROCEDURE TO QUALIFY AS A COMMERCIAL VESSEL FOR THE PURPOSE OF LEASING CITY DOCKING FACILITIES Mr. Napper reviewed this matter and stated the proposed resolu- tion modified the Harbor Commission's recommendation, adding an appeal to Council for a review of the record only on request by an applicant. MOTION: Councilmember Sheetz moved for the adoption of Resolution No. 90-85 including the City Administrator's modification. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) C-2 QUARTERLY REPORT ON WATER PROJECTS Mr. Nichols summarized the report from the Water Engineer regarding progress on water projects including the waterline replacement program, water tank replacement and maintenance, new wells, upgrading existing wells, water rights EIR, stream gauges, recharge basins and reservoir on San Bernardo Creek Council accepted the report for file. C-3 MONTHLY EXTENSION TO CURRENT CABLE FRANCHISE Mr. Napper explained that because the franchise agreement between the City and Sonic expires September 15, 1985, it is necessary to adopt an interim agreement in order to allow time to negotiate a new franchise agreement. He noted that the City Attorney had presented a revised agreement this evening with some minor modifications. MOTION: Councilmember Sheetz moved for the adoption of Resolution No. 91-85 approving the interim franchise agreement between Sonic Communications and the City of Morro Bay. The motion was seconded by Councilmember Miller and unanimously carried. (4-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 10, 1985 PAGE TEN C-4 EXPENDITURE OF OUTSIDE COMMUNITY PROMOTIONS FUNDS, BROCHURE PRINTING AND DISTRIBUTION Mr. Napper reviewed this matter stating the Community Promotions Committee is recommending the City advertise through printing and distribution of 135,000 tri-fold promotional brochures. This will be done during Morro Bay's "off-season" and will cost approximately $19,061. He recommended Council approve the expenditure from the Outside Community Promotion Fund. MOTION: Councilmember Sheetz moved for the approval of expend- ing $19,061 from the Outside Community Promotion Fund for the printing and distribution of promotional bro- chures during the FY 85-86 off-season months. The motion was seconded by Mayor Zeuschner and unanimously carried. (4-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF AUGUST 26, 1985 Mr. Napper recommended that Council approve the minutes as submitted. D-2 DENIAL OF CLAIM AGAINST THE CITY (HOLDERNESS) Mr. Napper recommended that Council deny the claims of liability against the City and the Harbor Master and authorize the City Clerk to send rejection letters accordingly. D-3 APPROVAL OF CITY INVESTMENT POLICY STATEMENT Mr. Napper recommended that Council ratify the City's Investment Policy as submitted by the City Treasurer. D-4 RATIFICATION OF COUNCIL ORDER TO ISSUE CERTIFICATE OF COMPLIANCE (OLIVE AND SHASTA, CHAMBERS) Mr. Napper recommended that Council approve and order the Community Development/Planning Director to issue Certificates of Compliance for lots identifed as APN 66-342-16 and 17. D-5 COMPLETION AND ACCEPTANCE OF OFF -SITE BAY LIBRARY IMPROVEMENTS FOR MORRO Mr. Napper recommended that Council accept the improvements as complete and authorize the City Clerk to file a Notice of Completion. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 10, 1985 PAGE ELEVEN D-6 COUNCIL LETTER ON OFFSHORE OIL DRILLING COMPROMISE Mr. Napper recommended that Council approve and ratify the Council letter on offshore oil and gas drilling and development as submitted. D-7 PROCLAMATION DECLARING THE COASTWEEK, AND SEPTEMBER 21 CLEAN-UP DAY WEEK OF SEPTEMBER 21-28, 1985 AS 1985 AS CALIFORNIA COASTAL Mr. Napper recommended that Council authorize the Mayor to sign the Proclamation. MOTION: Councilmember Sheetz moved for approval of the Consent Calendar. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Councilmember Sheetz stated that Councilmember Risley had asked her to request approval from Council for the expendi- ture of not more than $100 for mailing and a ream of paper. This would be used to mail flyers regarding the Harbor Festival to Chess Club members throughout the State of California. MOTION: Councilmember Sheetz moved that Council authorize the expenditure of not more than $100 for mailing Harbor Festival invitations to chess club members outside the County. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) E-2 CITY ADMINISTRATOR A. Mr. Napper stated that the Governor had sign AB1427 into law on September 9th. This would prohibit the City from collecting "bed -tax" from users of State Parks and the City will lose $30,000 annually. He stated that the private RV parks may legislate to eliminate themselves from this tax also. Councilmember Sheetz felt that the City Administrator should write a letter to Assemblyman Costa and Senator Boatwright reminding them and asking them to go forward with the suggestions that the State budget gap -fund the City for services the City provides to State Parks. Council concurred in this recommendation. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 10, 1985 PAGE TWELVE E-3 CITY ATTORNEY Mr. Jorgensen had nothing to report. F. ADJOURNMENT Councilmember Sheetz stated that she would be unable to attend the meeting with Cayucos Sanitary District. Councilmember Miller stated that he would not be at the October 14th meeting. MOTION: Councilmember Sheetz moved that the meeting adjourn to Wednesday, September 11, 1985, at 7:00 p.m. in the Cayucos Fire Station for a joint meeting with the Cayucos Sanitary District. The motion was seconded by Councilmember Miller and unanimously carried. (4-0) The meeting adjourned at 11:00 p.m. Recorded by: ARDITH DAVIS Deputy City Clerk