HomeMy WebLinkAboutCC_1985-09-30 Regular Meeting MinutesMORRO BAY
CITY COUNCIV
REGULAR MEETING - SEPTEMBER 23, 1985 AGENDA
RECREATION HALL - 7:00 P.M.
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION - REVEREND JIM KENNEMUR, FIRST CHRISTIAN CHURCH
PRESENTATIONS
1. PRESENTATION OF AMERICAN LEGION DONATION OF $2,500 FOR
VETERAN'S HALL IMPROVEMENTS
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 CONSIDERATION OF CONCESSION AGREEMENT FOR MORRO BAY STATE GOLF
COURSE
A-2
PUBLIC HEARING ON
APPLICATIONS FOR PARK BOND ACT FUNDS -
RESOLUTION NO. 92-85
FOR IMPROVEMENTS TO MORRO BAY CITY PARK,
AND RESOLUTION NO.
93-85 FOR REHABILITATION OF THE VETERAN'S
HALL
A-3
QUINTANA-MORRO BAY BLVD.
INTERSECTION REALIGNMENT PROPOSAL
B.
UNFINISHED BUSINESS
B-1
UPDATE ON NINE -UNIT
CONDOMINIUM PROJECT AT YERBA BUENA AND MAIN
B-2
RESOLUTION NO. 96-85
DENYING AN APPEAL AND UPHOLDING PLANNING
COMMISSION'S DENIAL
OF A TENTATIVE TRACT MAP AND COASTAL
DEVELOPMENT PERMIT FOR
A 13-LOT SUBDIVISION
B-3
CONSIDERATION OF
CITY POSITION LETTER ON HYDRAULIC GHOST
SHRIMPING
C. NEW BUSINESS
C-1 APPROPRIATION FROM FUND BALANCE FOR EMPLOYEE CONTRACTS AND FAIR
LABOR STANDARDS ACT IMPACTS (PULLED)
C-2 RESOLUTION NO. 94-85 AWARDING ARCHITECTURAL DESIGN SERVICES
CONTRACT FOR CITY COMMUNITY CENTER
C-3 SET DATE TO INTERVIEW WATER ADVISORY BOARD APPLICANTS
AGENDA - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 23, 1985
PAGE TWO
C-4 REQUEST FOR WAIVER OF FACILITY FEES, LIBRARY MURAL PROJECT .
C-5 COUNCIL NOMINATION OF CITY REPRESENTATIVE TO COUNTY CITIZENS
TECHNICAL ADVISORY COMMITTEE
D. CONSENT CALENDAR
D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF SEPTEMBER 10,
1985 AND THE REGULAR ADJOURNED MEETING OF SEPTEMBER 11, 1985
D-2 RESOLUTION NO. 95-85 APPROVING SPECIAL USE PERMITS, HARBOR
FESTIVAL ACTIVITIES
D-3 CHAMBER OF COMMERCE MONTHLY REPORT - AUGUST 1985
D-4 EXPENDITURE REPORT - AUGUST 1985
D-5 STATEMENT OF INVESTMENTS - AUGUST 1985
D-6 ACCEPTANCE OF AMERICAN LEGION DONATION OF $2,500 FOR VETERAN'S
HALL IMPROVEMENTS
D-7 SET HEARING DATE FOR APPEAL OF CONDITIONAL USE PERMIT AND
COASTAL DEVELOPMENT PERMIT, MAIN STREET AND OAHU STREET
D-8 REJECTION OF CLAIM AGAINST CITY, JUDY WHEELER
E. INDIVIDUAL DETERMINATION AND/OR ACTION
E-1 CITY COUNCIL
E-2 CITY ADMINISTRATOR
E-3 CITY ATTORNEY
F. ADJOURNMENT
TO MONDAY, SEPTEMBER 30, 1985, 7:00 P.M. AT THE MORRO BAY
RECREATION HALL TO HOLD A JOINT MEETING WITH THE FIRE MASTER
PLAN COMMITTEE
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 23, 1985
RECREATION HALL - 7:00 P.M.
Mayor Zeuschner called the meeting to order at 7:00 p.m.
RnT,T, CALL
PRESENT:
Bud Zeuschner
Mayor
Ray Kaltenbach
Councilmember
Jim Miller
Councilmember
Bruce Risley
Councilmember
Rose Marie Sheetz
Councilmember
ABSENT:
None
STAFF:
Gary Napper
City Administrator
Jeff Jorgensen
City Attorney
Bill Boucher
Assoc. Civil Engineer
Alan Davis
Harbor Director
Mike Multari
Comm. Development Dir.
Nick Nichols
Public Works Director
Steve Wolter
Recreation and Parks Dir.
Elane Novak
Deputy City Clerk
The Pledge of
Allegiance was led by
Horace Strong; Jim Kennemur
of the First
Christian Church gave
the invocation.
PRESENTATIONS
1. PRESENTATION OF AMERICAN LEGION DONATION OF $2,500 FOR
VETERAN'S HALL IMPROVEMENTS
Jerry Marcus and Henry Hopkins of the American Legion were
introduced by Mayor Zeuschner. Jerry Marcus, Commander of the
Post presented a check in the amount of $2,500 to the City of
Morro Bay for needed repairs in the Veteran's Hall. Mayor
Zeuschner accepted the check on behalf of the City and thanked
the American Legion for their donation.
ORAL COMMUNICATIONS
1. Jane Masterson, Commander of Disabled American
Veterans, made a presentation regarding handicapped parking on
the Embarcadero. She distributed a newspaper article concerning
this situation stating that she had made a presentation at a
previous Council meeting but felt she had received no response.
Mr. Napper stated that staff had started working on this problem
the day after Ms. Masterson's first request before Council.
There is a traffic circulation study underway and the handi-
capped parking situation on the Embarcadero will be a part of
that study.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 23, 1985
PAGE TWO
A. PUBLIC HEARINGS, REPORTS & APPEARANCES
A-1 CONSIDERATION OF CONCESSION AGREEMENT FOR MORRO BAY STATE
GOLF COURSE
Steve Wolter reviewed Council action at their last meeting which
was to refer the proposed agreement from the State to the Ad Hoc
Golf Course Advisory Board and to the County Board of Super-
visors for their review and recommendations. Additionally, the
City had asked the County to provide a legal opinion as to the
validity of the existing State -County operating agreement. The
Ad Hoc Committee had recommended that the County be requested to
continue operation of the golf course until the year 2000, pro-
vided there is no chance of the State rescinding the present
County -State Agreement or there is no chance that the proposed
City -State concession contract be modified to an operating
agreement with a term as long as the existing County Agreement.
The County Counsel advised the Board of Supervisors that any
changes, including termination, to the County -State Agreement
requires the approval of the Board of Supervisors and cannot be
done unilaterally. The Board of Supervisors voted to advise the
City of Morro Bay that the proposed State contract with the City
is inferior to the current State -County agreement, that the
County continue to operate the golf course, and that the State
be advised that the negotiations to transfer the golf course are
terminated.
Mr. Wolter stated that staff was recommending that Council hold
a public hearing on the final State contract, then authorize
staff to reject the agreement with conditions as outlined by
staff and modified as Council desires.
Mayor Zeuschner opened the matter to the public for comments.
County Supervisor Bill Coy stated that he agreed with the
staff's recommendation which was in accord with the Board of
Supervisors'. Since the City has requested the assignment of
the County's contract to the City, and the State has been
unresponsive, he suggested the County and City workd together on
a local level for the betterment of the golf course.
John Lemons suggested that the City not reject the contract
outright, but request that the State give the City an operating
agreement as nearly like the County agreement as possible.
Duane Leib, County General Services Manager, stated that the
County had met 3 times with State representatives and, in order
to alter the proposed agreement to the City, it would take an
action by the State Legislature as the terms for transfer were
approved by them in the 1984 State Budget Act.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 23, 1985
PAGE THREE
John Evans, Chairman of the City's and the County's Ad Hoc
Committees, stated that the report by Mr. Wolter accurately
reflected the recommendations made by the Committees he serves.
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 Sheetz said that the County is receptive to the
general public when they have input about the golf course. She
felt that if the City accepted the contract proposed by the
State, they would lose control of the golf course. Also, the
rates would have to be raised and the golfers would suffer. She
has discussed the matter with both Assemblyman Seastrand and
Senator Maddy and they agreed that the contract is not in the
best interests of the City of Morro Bay. She was in favor of
telling the County they could keep the golf course.
Councilmember Kaltenbach agreed stating that he would like to
see the City operating the golf course, but not under the
conditions proposed by the State.
Councilmember Risley agreed with the staff recommendation that
the City reject the contract offered by the State and request
assignment of the existing County operating agreement to the
City. There was discussion regarding whether or not the City
should request a 30 day response time and Council decided such
should be part of their action.
MOTION: Councilmember Kaltenbach moved that Council reject the
concession contract offered by the State and request
assignment of the existing County operating agreement
to the City; this request should carry a 30-day
response time period before termination of transfer
discussions would be operative. The motion was
seconded by Councilmember Risley and unanimously
carried. (5-0)
A-2 PUBLIC HEARING ON APPLICATIONS FOR PARK BOND ACT FUNDS -
RESOLUTION NO. 92-85 FOR IMPROVEMENTS TO MORRO BAY CITY
PARK, AND RESOLUTION NO. 93-85 FOR REHABILITATION OF THE
VETERAN'S HALL
Mr. Wolter reviewed the proposed grant application for improve-
ments to City Park including new cement picnic tables, pedestal
grills, landscaping and turf planting; the improvements to the
Vet's Hall included remodeling the restrooms to make them handi-
capped accessible, installing an accoustical wall so that two
groups can use the building at the same time, carpeting the
lobby, and addressing some safety features. Staff recommended
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 23, 1985
PAGE FOUR
that Council adopt the two resolutions authorizing application
for grant funds for these projects.
Mayor Zeuschner asked if the $2,500 donated by the American
Legion constitutes matching funds. Mr. Wolter stated that it
could and he would incorporate it into the grant application.
Mayor Zeuschner opened the matter to the public for comments.
M'May Diffley stated that the Civic Action League would like to
donate a covering over the bus stop by City Park. She reviewed
a drawing of the covering and suggested this project be identi-
fied as a matching fund in the grant application as well.
Mr. Wolter stated that the grant could be rewritten to include
this donation so that the City would receive higher competition
points.
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 for the adoption of
Resolution No. 92-85. The motion was seconded by
Councilmember Kaltenbach and unanimously carried.
(5-0)
MOTION: Councilmember Sheetz moved for the adoption of
Resolution No. 93-85. The motion was seconded by
Councilmember Kaltenbach and unanimously carried.
(5-0)
MOTION: Councilmember Sheetz moved that staff be directed to
incorporate the Civic Action League bus stop project
into the grant application, and work with CAL accord-
ingly. The motion was seconded by Councilmember
Kaltenbach and unanimously carried. (5-0)
Councilmember Kaltenbach suggested that the City check with
North Coastal Transit regarding the roof over the bus stop.
Mrs. Diffley stated that they had done that, and they were in
agreement with the proposal.
A-3 QUINTANA-MORRO BAY BLVD. INTERSECTION REALIGNMENT PROPOSAL
Mr. Napper stated that there were two final options for Council
consideration. He suggested that Council review these options
and set a date for public hearing to receive comments regarding
Council's final decision.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 23, 1985
PAGE FIVE
Nick Nichols reviewed the plans and stated that Council had
budgeted a total of $35,000 for the project to date. Both plans
carry essentially the same costs. He requested that Council
indicate tonight which plan they preferred.
Councilmember Sheetz asked if either of the plans would make it
easier to exit from the mobile home park or get across Morro Bay
Blvd. from Kern. Mr. Nichols stated that neither plan would
help that situation. Bill Boucher said that when the signal
light is installed, it will create gaps in the traffic which may
help the situation.
Mr. Nichols stated that there were pluses and minuses to both
plans, but with the number of streets entering the same area,
the two proposals tried to meet the most needs.
Councilmember Kaltenbach did not feel that either proposal was a
great improvement over the current situation.
Mayor Zeuschner opened the matter to the public for comment.
Jerry Marcus felt that it would be dangerous to turn onto
Quintana Road from Main Street in a large truck if truck traffic
were routed that way. Staff indicated that this particular
intersection was not the one being referred to in the drawings.
Mrs. Sanders felt drawing C would be a better alternative
because one lane of traffic would be taken away.
Mr. Sanders was concerned that when a signal is installed, the
traffic will back up the highway. He also felt the traffic off
Kern was at risk because the traffic flow on Morro Bay Boulevard
was moving too fast.
Henry Hopkins agreed that a light would back traffic up the
highway, but felt any situation was better than the current one.
MOTION: Councilmember Kaltenbach moved that the public hearing
be closed. The motion was seconded by Councilmember
Miller and unanimously carried. (5-0)
Councilmember Risley stated that overall he was in favor of Plan
C and felt there should be a stop sign prior to the signal.
Mayor Zeuschner favored Plan E because the intersections were
relatively straight across from each other and didn't require as
much turning as Plan C. He suggested staff bring back Plan E
with the inclusion of the right turn lane from Quintana from
Plan C.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 23, 1985
PAGE SIX
MOTION: Councilmember Sheetz moved that staff be'instructed to
bring back Plan E for a public hearing. The motion was
seconded by Councilmember Kaltenbach and unanimously
carried. (5-0)
Mr. Napper asked if Council wanted staff to advertise the public
hearing in the newspaper or notify residents in the area indi-
vidually. Council indicated that a newspaper advertisement
would be fine.
B. UNFINISHED BUSINESS
B-1 UPDATE ON NINE -UNIT CONDOMINIUM PROJECT AT YERBA BUENA AND
MAIN
Mr. Napper stated that Council had agreed to postpone acting on
this matter until a report was received from a title company
regarding the status of Whidbey Street. The report by Safeco
Title states that the City does not own the right-of-way and
each adjacent property owner has title to the centerline of
Whidbey Street. Therefore, the developer will have to redesign
the project to achieve the conditions on -site without the use of
Whidbey Street. Mr. Multari recommended that Council postpone
action on this matter until October 14th and agree to the time
waiver as requested by the applicant.
MOTION: Councilmember Risley moved that Council set this matter
to October 14, 1985 and agree to the time waiver to
that date. The motion was seconded by Councilmember
Kaltenbach and unanimously carried. (5-0)
B-2 RESOLUTION NO. 96-85 DENYING AN APPEAL AND UPHOLDING
PLANNING COMMISSION'S DENIAL OF A TENTATIVE TRACT MAP AND
COASTAL DEVELOPMENT PERMIT FOR A 13-LOT SUBDIVISION
Mr. Napper stated that the resolution formalizes Council's
action at the last meeting which was to deny the appeal based
upon the findings of the Planning Commission that the project
was not visually compatible with the surrounding area.
MOTION: Councilmember Sheetz moved for the adoption of Resolu-
tion No. 96-85. The motion was seconded by Council -
member Kaltenbach and carried with Councilmember Miller
voting no. ( 4-1 )
B-3 CONSIDERATION OF CITY POSITION LETTER ON HYDRAULIC GHOST
�NRTMPTNC,
Mr. Napper advised that the Fish and Game Commission has ruled
to allow hydraulic pumping of ghost shrimp until December, 1985.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 23, 1985
PAGE SEVEN
The jurisdictional issue has still not been determined by either
the Attorney General or the Coastal Conservancy. The City
Attorney will have an opinion prepared for the October 14th
meeting on this matter. He recommended that Council approve the
proposed letter reflecting the Council's sentiments regarding
hyrdaulic ghost shrimping in Morro Bay, and that it be sent to
the Fish and Game Commission and the Coastal Commission.
Councilmember Kaltenbach was of the opinion that ghost shrimping
should be prohibited in the bay just as commercial fishing is
prohibited; he felt it was ruining the habitat for the birds.
Councilmember Sheetz suggested changing the letter to strike
"could cause" and replace it with "causes."
MOTION: Councilmember Risley moved that the letter be accepted
with the above word changes and sent to the appropriate
parties. The motion was seconded by Councilmember
Sheetz.
Councilmember Miller stated that he would not sign the letter;
he felt that ghost shrimping has been there a long time and it
has not been proven that it is detrimental to the habitat.
After further discussion it was decided that the letter would go
out under Mayor Zeuschner's signature only.
The motion carried on the following roll call vote:
AYES: Kaltenbach, Risley, Sheetz, Zeuschner
NOES: Miller
C. NEW BUSINESS
C-1 APPROPRIATION FROM FUND BALANCE FOR EMPLOYEE CONTRACTS AND
FAIR LABOR STANDARDS ACT IMPACTS (PULLED)
C-2 RESOLUTION NO. 94-85 AWARDING ARCHITECTURAL DESIGN SERVICES
CONTRACT FOR CITY COMMUNITY CENTER
Mr. Wolter reviewed this item and stated that the firm of Hall
Hurley Deutsch, Inc. of Santa Maria has been selected to perform
the architectual services for the Community Center. He recom-
mended that Council adopt Resolution No. 94-85 awarding the
contract for the Community Center to this firm and appropriate
$106,950 to implement total design services on the project.
Councilmember Risley asked why the contract was not awarded to
the lowest bidder. Mr. Wolter stated that the lowest bidder
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 23, 1985
PAGE EIGHT
firm was out of Laguna Hills, California. The distance from
Morro Bay and the fact that a background revealed that they were
a young firm which had just split off from another firm and had
not designed a lot of community centers on their own were fac-
tors taken into consideration in making his final recommendation
to Council. He felt that they would have done an adequate job;
however, he was recommending Hall Hurley Deutsch because of
their excellent experience, and their bid was not that much
higher than the low bidder.
MOTION: Councilmember Kaltenbach
Resolution No. 94-85.
Councilmember Risley and
moved for the adoption of
The motion was seconded by
unanimously carried. (5-0)
C-3 SET DATE TO INTERVIEW WATER ADVISORY BOARD APPLICANTS
Mr. Napper stated that there are 2 openings on the Water Advi-
sory Board and 9 applications for those positions. He suggested
Council set Monday, September 30, 1985 at 5:00 p.m. to interview
these individuals. Council is holding a joint meeting that same
evening with the Fire Master Plan Committee at 7:00 p.m.
MOTION: Councilmember Sheetz moved that Council set the inter-
views for Monday, September 30, 1985 at 5:00 p.m. in
the City Hall Conference Room. The motion was seconded
by Councilmember Risley and unanimously carried. (5-0)
C-4 REQUEST FOR WAIVER OF FACILITY FEES, LIBRARY MURAL PROJECT
Mr. Napper reviewed the problems the Library Mural Committee has
been having finding a permanent work and storage place for the
mural project. Jane Bailey has worked out these problems with
Mr. Wolter; however, the Committee is now requesting waiver of
fees for the use of the Vet's Hall and Recreation Hall when they
use the buildings for putting the mural together. He noted that
the City does not have a fee waiver policy. The only agencies
that are not charged for facility use are the City, the Senior
Citizens for use of the Senior facility, and the Veterans when
they use the Vets Hall. All other groups pay nominal fees. The
Mural Committee has 58-60 hours of work left which equates to
approximately $300 to the City. Mr. Napper was concerned that
waiving these fees would create requests from other groups who
use City facilities. He suggested Council examine or establish
a City policy on waiver of fees rather than approving them on an
individual basis.
Mayor Zeuschner questioned the amount that would be lost to the
City if Council waived fees on service organizations or those
that donated fund raising monies to worthy activities. Mr.
Wolter stated that 70% of the use of the Vets Hall was non-
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 23, 1985
PAGE NINE
profit organizations or some kind of community service; conser-
vatively, the City would probably lose $5,000 a year in fees.
Councilmember Sheetz suggested that any organization in which
the City benefits from their activities should have facility fee
waivers.
Councilmember Risley was in favor of waiving the fees because
the mural is a project that benefits the City. He noted the
hundreds of hours spent on the project by volunteers and the
conditions under which they have had to work.
City Attorney Jeff Jorgensen suggested that Council include in
their motion that the waivers, if any, be considered on a case
by case basis with approval by Council.
MOTION: Councilmember Sheetz moved that the City fee schedule
be amended to include a waiver clause in which fees
will be waived only when the City of Morro Bay is the
beneficiary; the waiver to be considered on a case by
case basis. The motion was seconded by Councilmember
Kaltenbach and unanimously carried. (5-0)
Mayor Zeuschner asked that the Recreation and Parks Commission
work on the phrasing of this policy statement. Councilmember
Sheetz was in favor of deciding the matter now.
Mr. Napper asked for clarification regarding City benefit;
benefitting the City as a community or organization. Council -
member Sheetz stated the City as a whole; for example, the
Library Mural project is benefitting the entire City.
MOTION: Councilmember Sheetz moved that the fee for Friends of
the Library mural project be waived. The motion was
seconded by Councilmember Risley and unanimously
carried. (5-0)
Mr. Wolter asked if Council motion included that any past fees
paid be returned and Council responded in the affirmative. He
also asked if benefitting the City meant a physical item or a
service program. Mr. Jorgensen felt that the Council's intent
was that the item be a direct benefit to the City of Morro Bay
as a municipal organization/corporate entity.
Council requested that staff take the suggestions made and bring
final wording back at the next meeting for Council considera-
tion.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 23, 1985
PAGE TEN
C-5 COUNCIL NOMINATION OF CITY REPRESENTATIVE TO COUNTY CITIZENS
TECHNICAL ADVISORY COMMITTEE
Councilmember Risley stated that he was nominating Bea Rohan to
replace Dick Haidet on the Citizens Technical Advisory Committee
(CTAC); Mr. Haidet had previously resigned this position.
MOTION® Councilmember Sheetz moved that Bea Rohan be appointed
to the opening on the Citizens Technical Advisory
Committee. The motion was seconded by Councilmember
Risley and unanimously carried. (5-0)
Mr. Napper indicated that staff would get together with Ms.
Rohan to coordinate meeting dates; also, a Certificate of Appre-
ciation would be prepared for presentation to Mr. Haidet at the
next Council meeting.
D. CONSENT CALENDAR
D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF SEPTEMBER 10,
1985 AND THE REGULAR ADJOURNED MEETING OF SEPTEMBER 11, 1985
Mr. Napper recommended that Council approve the minutes as
submitted.
D-2 RESOLUTION NO. 95-85 APPROVING SPECIAL USE PERMITS, HARBOR
FESTIVAL ACTIVITIES
Mr. Napper recommended that Council adopt Resolution No. 95-85.
D-3 CHAMBER OF COMMERCE MONTHLY REPORT - AUGUST 1985
Mr. Napper recommended that Council approve the report as
submitted.
D-4 EXPENDITURE REPORT - AUGUST 1985
Mr. Napper recommended that Council approve the report as
submitted.
D-5 STATEMENT OF INVESTMENTS - AUGUST 1985
Mr. Napper recommended that Council ratify the City's Investment
Policy as submitted by the City Treasurer.
D-6 ACCEPTANCE OF AMERICAN LEGION DONATION OF $2,500 FOR
VETERANS HALL IMPROVEMENTS
Mr. Napper recommended that Council formally accept the American
Legion donation of $2,500 to renovate the Veteran's Hall, and
permit their usage of the facility's dining area four times per
month.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 23, 1985
PAGE ELEVEN
D-7 SET HEARING DATE FOR APPEAL OF CONDITIONAL USE PERMIT AND
COASTAL DEVELOPMENT PERMIT, MAIN STREET AND OAHU STREET
Mr. Napper recommended that Council set October 14, 1985 as the
date to hear the appeal, and authorize staff to notice the
hearing.
D-8 REJECTION OF CLAIM AGAINST CITY, JUDY WHEELER
Mr. Napper recommended that Council deny the claim and authorize
the City Clerk to send a letter of rejection.
MOTION® Councilmember Sheetz moved that Council adopt the
Consent Calendar as presented. The motion was seconded
by Councilmember Kaltenbach and unanimously carried.
(5-0)
E. INDIVIDUAL DETERMINATION AND/OR ACTION
E-1 CITY COUNCIL
1. Councilmember Sheetz referred to correspondence
received regarding the President's new tax structure. She
requested that letters be send to members of the Ways and Means
Committee as well as to Senators Cranston and Wilson.
MOTION: Councilmember Sheetz moved that staff be directed to
address letters to members of the Congressional Ways
and Means Committee and Senators Cranston and Wilson
regarding the impact of the President's tax reform
proposal. The motion was seconded by Councilmember
Risley and unanimously carried. (5-0)
E-2 CITY ADMINISTRATOR
1. Mr. Napper stated that the only thing he had was in
conjunction with the closed session which the City Attorney had
requested.
E-3 CITY ATTORNEY
1. Mr. Jorgensen requested a closed session to discuss
litigation against the City and City -initiated litigation. He
had an additional item regarding Nist vs. City to discuss.
Councilmember Risley stated that he wanted to discuss a report
from the City Attorney regarding the Hittle lease and potential
City -initiated litigation. Mayor Zeuschner then read the
announcement of Closed Session recess on related topics.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 23, 1985
PAGE TWELVE
F. ADJOURNMENT
MOTION® Councilmember Risley moved that the meeting adjourn to
closed session to discuss litigation. The motion was
seconded by Councilmember Sheetz and unanimously
carried. (5-0)
The meeting adjourned to closed session at 9:30 p.m. and
returned to regular session at 10:40 p.m.
MOTION: Councilmember Sheetz moved that the meeting be
adjourned to Monday, September 30, 1985 at 5:00 p.m. in
the City Hall Conference Room. The motion was seconded
by Councilmember Kaltenbach and unanimously carried.
(5-0)
The meeting adjourned at 10:41 p.m.
Recorded by:
ELANE NOVAK
Deputy City Clerk