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HomeMy WebLinkAboutCC_1985-11-12 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 RECREATION HALL -7:00 P.M. AGENDA ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION -FATHER COLM O'CONNOR, ST. JOSEPH'S CATHOLIC CHURCH, CAYUCOS ORAL COMMUNICATIONS -Members of the audience wishing to address the Council on matters other than scheduled hearing items may do so when recognized by the Mayor, by standing and stating their name and address. Comments should normally be limited to three minutes. A. A-1 PUBLIC HEARINGS, REPORTS & APPEARANCES PUBLIC HEARING ON CUP AND BETWEEN MAIN STREET AND THE NOS. CUP 43-84/CDP 62-84/LCP APPLICANTS CDP FOR 180-ROOM HOTEL COMPLEX BLUFF ABOVE THE EMBARCADERO; CASE 05-85A MARTIN SMITH & ASSOC., A-2 PUBLIC HEARING ON QUINTANA ROAD/MORRO BAY BLVD. INTERSECTION PLAN "F" A-3 PUBLIC HEARING MANDATORY WATER CONSERVATION IMPLEMENTATION; A-4 B. B-1 B-2 RESOLUTION NO. 110-85 INSTITUTING MANDATORY WATER CONSERVATION DURING PRESENT LOW-WATER SITUATION RECONNAISSANCE LEVEL CONSULTANTS REPORT DAM POTENTIAL PROJECT UNFINISHED BUSINESS SAN BERNARDO CREEK SUB-COMMITTEE REPORT ON APPEAL OF CUP CONDITIONS APPROVED BY THE PLANNING COMMISSION TO ALLOW THE OPERATION OF A VACUUM-TYPE FISH UNLOADING DEVICE; CASE NO. CUP 30-85 ORVAL LEAGE, APPLICANT AND APPELLANT RESOLUTION NO. 112-85 MODIFYING CUP CONDITIONS APPROVED BY THE PLANNING COMMISSION TO ALLOW A 6-UNIT CONDOMINIUM PROJECT AT THE CORNER OF PACIFIC STREET AND NAPA AVENUE; CASE NOS. CUP 38-85/CDP 760-85R/TM 1341 ROBERT AND MARJORIE MC CONAGHAY, APPLICANTS AND APPELLANTS B-3 ORDINANCE NO. 273 AMENDING MORRO BAY MUNICIPAL CODE SECTION 13.20.080 C, WATER RETROFIT ORDINANCE SECOND READING AND ADOPTION AGENDA -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE TWO C. NEW BUSINESS C-1 HARBOR COMMISSION RECOMMENDATION TO REVIEW LEASE SITE NO. 49-49W BID PACKAGE C-2 C-3 C-4 D. D-1 D-2 D-3 D-4 HARBOR COMMISSION RECOMMENDATION REGARDING STORAGE OF PROJECT SAND ON CITY PROPERTY (BIAGGINI HOTEL) ANNUAL SELECTION OF MAYOR PRO TEMPORE SELECTION OF DATE TO INTERVIEW CITY ATTORNEY CANDIDATES CONSENT CALENDAR CITY COUNCIL MINUTES OF THE REGULAR MEETING OF OCTOBER 28, 1985 AND THE ADJOURNED REGULAR MEETING OF NOVEMBER 1, 1985 APPOINTMENT OF ALTERNATE VOTING MEMBER TO NORTH COASTAL TRANSIT DECLARATION OF SURPLUS CITY PROPERTY REJECTION OF LIABILITY CLAIM AGAINST THE CITY -QUINTANA D-5 AWARD OF CONTRACT FOR CONSTRUCTION OF EMBARCADERO INTERCEPTOR SEWER D-6 RESOLUTION NO. 111-85 ENDORSING THE "FAIR RESPONSIBILITY ACT OF 1986" INITIATIVE E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY F. ADJOURNMENT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that, pursuant to Section 13.04.320 et. seq. of the Morro Bay Municipal Code, the Morro Bay City Council will hold a Public Hearing on Tuesday, November 12, 1985 at 7:00 p.m. in the Recreation Hall, Shasta and Dunes Streets, to consider implementing mandatory water conservation measures in the City of Morro Bay. Interested persons are invited to appear at the hearing and express their views, orally or in writing, for or against or in modification of the proposal. The proposal will be described and a staff recommendation given, followed by public testimony.\ DATED: October 30, 1985 MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 RECREATION HALL -7:00 P.M. Mayor Zeuschner called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: ABSENT: STAFF: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz None Gary Napper Jeff Jorgensen Bill Boucher Alan Davis Mike Multari Nick Nichols Dave Norton Elane Novak Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Assoc. Civil Engineer Harbor Director Comm. Development Dir. Public Works Dir. Water Engineer Deputy City Clerk Horace Strong led the Pledge of Allegiance and Father Colm O'Conner ·of St. Joseph's Catholic Church in Cayucos gave the invocation. ORAL COMMUNICATIONS 1. Mayor Zeuschner stated he had Congressman Panetta advising the City the replacing the present breakwater light ones that are more reliable. received a letter from Coast Guard will be and radio beacon with 2. Robert Lane was concerned about the road construction taking place on Main Street in North Morro Bay and objected to having to use Highway 1 and Yerba Buena in order to get to his home; he suggested one lane be left open so people do not have to detour through dangerous Highway 1. 3. Mary Phillips expressed concern about construction at 2680 Ironwood near her home; recent rains had washed away some of the earth and she feared more would come from their 45 degree driveway. She also asked if she turned her water off for a couple of months if she would have any problem having service restarted since she does not use the garbage service. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE TWO A. PUBLIC HEARING, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON CUP AND CDP FOR 180-ROOM HOTEL COMPLEX BETWEEN MAIN STREET AND THE BLUFF ABOVE THE EMBARCADERO; CASE NOS. CUP 43-84/CDP 62-84/LCP 05-85A MARTIN SMITH & ASSOC., APPLICANTS Mr. Multari reviewed the project and stated in order for it to proceed, it requires a Conditional Use Permit and a Coastal Development Permit. He said this is probably the largest piece of undeveloped land overlooking the waterfront left in the City and any project should include options for the public to con- tinue to enjoy the unique nature of the site. He addressed several items in the EIR and said there should be access from the bluff to the park below and the project must be visually compatible with the surrounding area. As an alternative to the currently 180 rooms proposed, he suggested the project be scaled down to 120 rooms which could be encompassed in two stories with a maximum height of 25 feet. He made other suggestions regarding sloping of roof-tops, native landscaping, and underground parking. He noted the Harbor Commission recommended denial of the project stating no project of this type would be acceptable and felt it should not be brought before Council again; the Planning Commission felt there would be excessive noise and the closing of Morro Avenue and the project itself would be incompatible with the area. Mayor Zeuschner asked the applicant to make an opening presenta- tion. Ray Biering, attorney for the project developer, spoke in favor of Council approval; he questioned why the project was so politically controversial, noted the project is consistent with the City's plan with the Coastal Conservancy, and the City originally encouraged such a project. He stated water retro- fitting would generate 25,000 gallons of water a day and the project would be a good example for retrofitting. He said the development would provide the City with a conference center, a place for professional meetings and would generate an estimated $378,000 a year in bed tax; additionally, it would improve the Embarcadero circulation. He noted there is a rumor going around that Martin Smith will cut off public access to the bluff when, in fact, Morro Avenue would be closed off and the area would be a public park. This MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE THREE project will not bring in all kinds of stores, but is a hotel/ conference complex, not a shopping center. Therefore, it would not be competition for local, established businesses. Ned Rogoway, project planner, noted the project property con- sists of 6 acres and the onsite buildings would occupy only about 15% of the site with about 43% greenbelt/landscaping. The abandonment of Morro Avenue vehicle easement would revert to a 20 foot easement which would allow a walkway along the bluff with benches and a bike path. He said the project also included a drainage plan which would clean out oil and other impurities before it drained into the harbor. There would be berms to protect the surrounding area from noise, and underground parking would also help muffle sound. Mr. Biering discussed the potential benefits of the project to the City: 1) Economic -would increase City income, bed tax, property tax, permit fees; circulate new revenue for the community; increase employment for local people; increase the average income level for the City. 2) Environmental -pollution control would be provided at the site; less ground pollution would seep into the bay; stabilize the bluff and prevent erosion; beautify the City and control sound; public park to compliment Tidelands Park. 3) Services -provide more water, police and fire services; improve sewer and water services; improve Embarcadero ciruclation. 4) Cultural and social conference center would increase tourism; provide a community center for entertainment/social meetings. Councilmember Sheetz asked how they arrived at the figure for water savings of 25,000 gallons a day. Mr. Rogoway explained the mathematical calculation; he said the project would use 25,000 gallons of water a day and yet with retrofitting, they would also be saving another 25,000 gallons a day. Councilmember Sheetz asked about the types of commercial uses in the center and Mr. Biering stated there would be hotel/confer- ence center types of uses only with a bar and restaurant. Mayor Zeuschner opened the hearing to the public. Those speaking in favor of the project were Dale Mitchell, Harold Biaggini, Ben Sanders, Jim Rodgers, Bob Ward, Warren Dorn, and Barbara Sanders. They generally felt the project would be an asset to the community and would improve the Morro Avenue area by making it a place to walk, run, ride a bike, or just sit. They felt the access to the Embarcadero would be better if South Street went all the way down to the waterfront. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE FOUR Those speaking against the project were Bob Blake, M'May Diffley speaking on behalf of the Civic Action League, Rose Bodrian, Katherine Walling, Diane Christie, William Butler, Jane VonKoehe, Howard Gaines, Jane Bailey, and Margaret Lister. They felt the project did not fit in with the character of Morro Bay and would be detrimental to the animal and bird life in the area. They objected to allowing the large hotel when Morro Bay is currently suffering from a lack of water. They also felt the increase in traffic and noise from the project would be too great an impact on the community. Louis Caratan, owner of the subject parcel, reminded the Council the City had made the original request for a conference center. He stated if the community wants to make a park of the property, he will not stand in their way to purchase the parcel. He said any project disrupts the surroundings somewhat and the land will be developed whether all at once as proposed, or parcel by parcel. His opinion is the City has more control if it is developed all at once. Ray Biering suggested Council appoint a committee consisting of 2 members of the Council, 2 members of the Planning Commission, a member of the Chamber of Commerce, a member of the Merchants Assoc., a neighborhood resident, the City Administrator,· the Director of Planning, the Director of Public Works, and the Director of Parks and Recreation to meet with him and the developer. Their charge would be to come up with specific conditions and recommendations for design or redesign. The committee could report back to the Council and the developers could still clos~ escrow by the end of December. Mr. Biering also suggested his clients would retrofit and then wait 1 year for documentation of water saved before they would be allowed to build. MOTION: Councilmember Sheetz moved the hearing be closed to the MOTION: public. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Councilmember Risley dations and findings denial of the concept motion was seconded by moved Council uphold the recommen- of the Planning Commission in plan for the hotel project. The Councilmember Kaltenbach. Councilmember Risley reviewed his concerns with the project and stated he had conducted a telephone survey regarding the project with the results of 221 against the project, 52 in favor, 72 had no opinion, and 95 did not answer their telephones. He said water was the main concern of those voting against the project. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE FIVE Councilmember Risley reviewed the City's current and past efforts to locate an alternate source of water for the City and stated he did not feel the City could afford more diversion of the water supply. He thought the businesses in Morro Bay, the Civic Action League, and the developers need to come together and solve the water problems, and then decide if the City can or cannot support a big hotel. Councilmember Kaltenbach stated retrofit does not work in Morro Bay and he doesn't know where the developer got his figures on water savings. He said P.G.&E. was a perfect example of an industry that was to bring a large tax base into the community and it wasn't working out too well. Councilmember Miller felt the City desperately needs to develop this 6 acre parcel into a hotel/conference center. He said the City has been trying to buy a hook and ladder fire tuck which will cost $400,000 to $500,000 and this project would be a means of doing so. He said it is selfish of people who live here and come from Los Angeles, San Francisco, and elsewhere to want to "close the town to growth"; the City needs to grow. Councilmember Sheetz felt 180 rooms was too large for a City of this size but a smaller complex might be considered. She noted the increased number of motel rooms throughout the County and said if there is a recession, the first thing cut in households would be vacations, and motel owners will suffer as a result. Councilmember Sheetz felt a better site for the project would be the property next to the High School off Highway 1. She favored putting the project on the ballot next November to see if the community is in favor of it. Mayor Zeuschner stated he had originally been in favor of the conference center concept, but when the community center idea was formulated, the conference center loss some of its impetus and no longer seems as important as it once was. Some of the important changes he would like to see to the present project were Morro Avenue should not be closed, there should be public access along the bluff, no more trees should be destroyed as far as possible, the project should be scaled down in size, and traffic impacts should be mitigated to cause the least amount of disturbance. The motion carried on the following roll call vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: Miller MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE SIX Council recessed for a break: 10:12 p.m. to 10:23 p.m. A-2 PUBLIC HEARING ON QUINTANA ROAD/MORRO BAY BLVD. INTERSECTION -PLAN F Mr. Napper stated this is the sixth revision for the Morro Bay/Quintana road intersection realignment. He noted Council has allocated $35,000 for this intersection to date and the improvements would be made in phases. The proposal in Plan Fis to place stop signs in appropriate places and at a later date install signal lights. He said if Council is in favor of this plan, it should be advertised pictorially in the paper before final adoption. Mr. Nichols and Mr. Boucher further explained the details of Plan "F." Councilmember Miller freeway would backup signal light can be backup problem. was concerned the during peak times. controlled with traffic coming off the Mr. Nichols stated a timers to alleviate the Mayor Zeuschner opened the matter to the public for comments. Ric Deschler questioned the distance on Morro Bay Blvd. exiting off the highway and how many cars could be accommodated. Bill Boucher said there is about 90 feet which will allow 4 to 5 cars. Mr. Nichols said they anticipate cars backing up at peak hours and they are trying to work this out. Mary Mayor phase where 7-way Phillips asked where the signal light will be placed and Zeuschner said the Council is considering the stop sign of the project only at this time. Bill Boucher indicated the stop signs will be placed making the intersection a stop. MOTION: Councilmember Sheetz moved to close the public hearing. MOTION: The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Councilmember Miller moved Council accept Plan F directed staff to prepare the necessary paper work proceed with the project. The motion was seconded Councilmember Risley and unanimously carried. (5-0) and and by Councilmember Kaltenbach felt the project should be postponed until the City can install the signal lights. Mr. Napper stated the installation of the stop signs was a nominal cost item; the $18,000 required would be to modify and MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE SEVEN relocate the Las Tunas/Butte reconstruction. He also noted putting stop signs in and having to relocate them later is less expensive than going ahead with signals and having to relocate them if it is decided at a later date this plan does not work. A-3 PUBLIC HEARING MANDATORY WATER CONSERVATION IMPLEMENTA- TIONk RESOLUTION NO. 110-85 INSTITUTING MANDATORY WATER CONS RVATION DURING PRESENT LOW-WATER SITUATION Mr. Napper noted one of the conditions set by the Whale Rock Commission for the City to receive emergency water if needed was the imposition of mandatory water conservation on Morro Bay citizens. Legally, the City cannot institute mandatory conser- vation measures without a public hearing, and the item was scheduled before Council this evening for that purpose. Nick Nichols reviewed well levels since the last rainfall. He noted levels had increased from 1.4 feet to 2.5 feet. Council- member Risley said according to water charts, the City's water level historically goes up in November and December at the start of the rainy season and the trend continues. He wondered if the City would need water from either Whale Rock or Domenghini if that was the case. Mr. Nichols confirmed Councilmember Risley's assumptions. Councilmember Sheetz asked about the quality of the Domenghini water. Mr. Nichols stated his reports indicate the well the City would be using has nitrates in excess of the allowable limits established by the Health Department and is also high in TDS and chlorides as expected. However, on discussing this matter with an Engineer from the State Department of Health, they determined that by blending the Domenghini water with the existing water from the City's other wells, the City could use the water on a short term basis with no health hazard. Mayor Zeuschner opened the hearing to the public. Warren Dorn, speaking for himself and Mr. Domenghini, stated going to Whale Rock for water is an embarrassment and a waste of time. Mr. Dorn introduced Mr. Smith, an expert on water. Ernie Smith was of the opinion it would be no problem to seal the Domenghini well to meet the Health Department standards. Nelson Sullivan addressed the inadequacies he believed were in the contract between the City and Domenghini; he felt the equipment installed would be of more benefit to Mr. Domenghini than the City and the contract states should Mr. Domenghini need irrigation water during this time, he would have first rights and the City would be without water. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE EIGHT Mr. Dorn objected to the statements by Mr. Sullivan and asked they be stricken from the record. MOTION: Councilmember Miller moved the public hearing be closed. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) Councilmember Kaltenbach said he didn't see why the City should buy Domenghini water when it could pump his water out of our wells in the same area. He didn't know how legal this was; but, felt the City should keep the option of Whale Rock water open in case it was needed. Councilmember Risley asked if the City is obligated to anything with regard to the Domenghini contract if the City doesn't need the water. Mr. Jorgensen stated the contract is an option for the City if it needs water during the 4-month period of the contract. If the City does need the water, they are obligated to put in improvements and have an option to leave the improve- ments for an extended period of time. Access to the water itself, however, is for a 4-month period. The City is not obligated for costs or improvements if there is no need for the water. Councilmember Risley asked about Mr. Domenghini's first rights for use of the water for irrigation. Mr. Jorgensen felt the City should accept the contract in the spirit in which it was offered and the terms by which Mr. Domenghini was willing to make it available to the City. The City has the right to extract only up to a maximum of 150 acre feet from Mr. Domenghini's well. He said while it is true if Mr. Domenghini needs to irrigate, the City would not be able to withdraw water, it is assumed there will be a relationship between the parties and Mr. Domenghini will not be continuously irrigating for an extended period of time. He noted there has to be some element of trust among the individuals involved and the irrigation condition was necessary to the Domenghinis in order to make the water available to the City. Councilmember Sheetz stated she had discussed this matter with Mr. Domenghini and he indicated they would not be irrigating again until April 1986. MOTION: Councilmember Risley moved the City send a letter to the Whale Rock Commission thanking them for their offer but advising them the City's static well level has increased to the point where the City does not anticipate needing Whale Rock water. The motion was seconded by Councilmember Sheetz and unanimously carried. ( 5-0) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE NINE A-4 RECONNAISSANCE LEVEL CONSULTANT'S REPORT CREEK DAM POTENTIAL PROJECT SAN BERNARDO Robert Born of Born, Barrett and Associates, gave a slide presentation of their San Bernardo Creek Dam report. Copies of the report are available at City Hall and the Library for the public to review. Mr. Nichols stated the report is in draft form and recommended Council postpone action on the report until everyone has a chance to review it. A public hearing will be set for a future date to receive public input. Councilmember Risley asked how soon the Council could expect a report from the well drilling project, and Mr. Nichols thought perhaps within a month. Councilmember Risley suggested Council hold a meeting to discuss water only and establish some guide- lines. Mayor Zeuschner agreed with Councilmember Risley and felt a meeting could be held sometime after a report regarding the well drilling project. MOTION: Councilmember Sheetz moved the report be received as presented; staff be directed to poll Council to deter- mine a date to a hold a meeting regarding water only; and a copy of the report be forwarded to the Water Advisory Board for their comments. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 SUB-COMMITTEE REPORT ON APPEAL OF CUP CONDITIONS APPROVED BY THE PLANNING COMMISSION TO ALLOW THE OPERATION OF A VACUUM- TYPE FISH UNLOADING DEVICE; CASE NO. CUP 30-85 ORVAL LEAGE, APPLICANT AND APPELLANT Mr. Napper stated the Council-appointed sub-committee met on November 5, 1985 at Mr. Leage's fish unloading site to view and listen to the vacuum-type fish offloading device in operation. The sub-committee had difficulty pinpointing some of the specific conditions Mr. Leage is asking relief from. They requested additional clarification on some points and recom- mended an additional layer of housing insulation be added to the device to further muffle the noise. The sub-committee also recommended readings be taken throughout the area over a period of time, both while the machine is in operation and while it is not, so they can determine the increased level of noise added when the machine is in operation. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE TEN Mr. Napper suggested, since there are still several questions remaining, the sub-committee be directed to meet again with the applicant prior to the Council meeting of November 25th and clarify the issues before Council at this time. Councilmember Sheetz concurred with Mr. Napper that the sub- committee had not reached any conclusions for a number of reasons and they would like to meet at City Hall to go over the findings. Mr. Booth, representing Mr. Leage, believed the problems could be solved here and now, but his client was willing to meet again with the sub-committee. MOTION: Councilmember Sheetz moved to continue this item to the next Council meeting and the sub-committee be directed to meet before that time to formulate a recommendation to Council. The motion was seconded by Councilmember Risley and carried with Councilmember Miller voting no. ( 4-1 ) Councilmember Miller indicated he thought the sub-committee's only mandate was to listen to the machine's operation. B-2 RESOLUTION NO. 112-85 MODIFYING CUP CONDITIONS APPROVED BY THE PLANNING COMMISSION TO ALLOW A 6-UNIT CONDOMINIUM PROJECT AT THE CORNER OF PACIFIC STREET AND NAPA AVE.; CASE NOS. CUP 38-85/CDP 760-85R/TM 1341 -ROBERT AND MARJORIE MC CONAGHAY, APPLICANTS AND APPELLANTS Mr. Napper stated Council had considered this matter at their last Council meeting and directed the proposed resolution be prepared for their adoption. MOTION: Councilmember Risley moved Resolution No. 112-85. Councilmember Sheetz and Miller voting no. (4-1) for the The motion carried with adoption of was seconded by Councilmember B-3 ORDINANCE NO. 273 AMENDING MORRO BAY MUNICIPAL CODE SECTION 12.20.080 C, WATER RETROFIT ORDINANCE -SECOND READING AND ADOPTION MOTION: Councilmember Sheetz moved Ordinance No. 273 be read by title and number only. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) Mr. Napper read Ordinance No. 273 by title and number. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE ELEVEN Councilmember Kaltenbach objected to the ordinance stating he did not see where retrofit was working and there is nothing to prove it works. Councilmember Sheetz said the Planning and Finance Departments are setting up a monitoring system and will furnish Council with semi-annual reports. Councilmember Risley stated he does not think retrofit is effec- tive and favored a pilot program to evaluate the program. MOTION: Councilmember Sheetz moved for the adoption of Ordi- nance No. 273. The motion was seconded by Council- member Miller and carried on the following roll call vote: AYES: Miller, Sheetz, Zeuschner NOES: Kaltenbach, Risley C. NEW BUSINESS C-1 HARBOR COMMISSION RECOMMENDATION TO REVIEW LEASE SITE NO. 49-49W BID PACKAGE Alan Davis, Harbor Director, reviewed the Harbor Commission request to review the Lease Site 49-49W bid package. Ric Deschler, Chairman of the Harbor Commission, said the Commission felt it had only been allowed a cursory review of the Tidelands Park plan which ties in with the Lease Site 49-49W bid package. The Commission does not feel Lease Site 49-49W should be associated with the Tidelands Park Phase II development. Councilmember Miller asked if the Commission's request to review these items would impede the project. Mr. Napper stated the Coastal Conservancy has expressed an interest in the City submitting the Tidelands Park concept as soon as possible; they want to look at the entire project at one time and then fund the elements as they wish. He said the Wildlife Conservation Board has also expressed interest in the project for funding the piers and observation area. They would like to fund on a matching grant requirement. Mr. Napper explained other than competing for grant funds, there are no time constraints. He reviewed the history of the Tidelands Park Phase II concept plan and the Lease Site 49-49W bid package and noted processing of these projects had been delayed due to the illness of Mr. Wallace and the recruitment process for a new Harbor Director. The urgency is to provide slips for vessels on a waiting list. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE TWELVE Councilmember Risley stated he understood that when the bid packages came back they would be reviewed by staff, the Parks and Recreation Commission and the Harbor Commission; he thought this is what the Harbor Commission wants. Mr. Napper said he believes the Harbor Commission wants to review the entire Tidelands Park Phase II concept and bid package before the City puts the lease site out to bid. Nancy Bast, a member of the Harbor Commission, stated Mr. Napper is correct in that the Harbor Commission wants to review the entire package; she gave Mayor Zeuschner a written chronological history of the subject. Mayor Zeuschner indicated Council should allow as much review as possible without hampering the City's planning process and stated he would not like to lose grant funding by backing up the process. MOTION: Councilmember Kaltenbach moved Council refer the concept of privatization to the Harbor Commission with the understanding they would report back to Council as soon as possible. The motion was seconded by Council- member Risley and unanimously carried. (5-0) It was noted the item referred to the Commission for comment is the entire package; Tidelands Park Phases II and III and the bid package for Lease Site 49-49W. Council also felt they should hear from the Harbor Commission by their December 9th meeting, so the Commission should hold a special meeting if necessary. Mr. Napper stated if the Harbor Commission does make tions with changes, the matter should probably go the Parks and Recreation Commission and Planning before returning to Council; he thought the December would be too soon to return to Council. Mayor indicated he would like review comments only from Commission by that date. C-2 HARBOR COMMISSION RECOMMENDATION REGARDING PROJECT SAND ON CITY PROPERTY (BIAGGINI HOTEL) recommenda- back though Commission 9th date Zeuschner the Harbor STORAGE OF Mr. Davis reviewed the Harbor Commission's action on this matter and requested direction from Council now that the sand had been removed. The Harbor Commission is seeking punitive action by the City against Mr. Biaggini for his illegal use of City land. Councilmember Risley did not see that the City would gain anything by pursuing this matter; Councilmember Sheetz agreed. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE THIRTEEN Mayor Zeuschner thought the Harbor Commission might be worried about subsequent encroachments of this nature and wanted to deter them. He said Council might indicate this would not be tolerated in the future. MOTION: Councilmember Miller moved Mr. Davis be authorized to indicate to Mr. Biaggini that Council strongly objects to the encroachment onto City property and would not like to see the same action repeated. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Ric Deschler asked why certain people get special consideration, and what is Council direction on infractions. Jeff Jorgensen commented that staff appeared to have exercised reasonable discretion to get the job done, and it was a realistic solution to the problem. Mayor Zeuschner added that he wanted the Harbor Commissioners to report violations to staff but let staff handle the matters. If the Commission is unhappy with the outcome, then Council should be advised. C-3 ANNUAL SELECTION OF MAYOR PRO TEMPORE Mr. Napper explained Council annually selects a Mayor Pro Tern to act in the place of the Mayor when he is unable to be present; the term of office will be until the next general municipal election in November 1986. Councilmember Risley nominated Councilmember Sheetz for Mayor Pro Tempore. The nomination was seconded by Councilmember Kaltenbach and Councilmember Sheetz was selected as Mayor Pro Tempore unanimously. (5-0) Mayor Zeuschner thanked Councilmember Risley for his able representation of the City during the Mayor's absence. C-4 SELECTION OF DATE TO INTERVIEW CITY ATTORNEY CANDIDATES Mr. Napper recommended Council set November 14, 1985 at 6:00 p.m. to interview prospective City Attorney applicants. MOTION: Councilmember Risley moved Council set November 14, 1985 at 6:00 p.m. in the City Hall Conference Room to interview applicants for City Attorney. The motion was seconded by Councilmember Sheetz and unanimously carried. ( 5-0) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE FOURTEEN D. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF OCTOBER 28, 1985 AND THE ADJOURNED REGULAR MEETING OF NOVEMBER 1, 1985 Mr. Napper recommended Council approve the minutes as submitted. D-2 APPOINTMENT OF ALTERNATE VOTING MEMBER TO NORTH COASTAL TRANSIT Mr. Napper recommended Council appoint Michael Upton as the City's alternate voting delegate and authorize staff to notify the North Coastal Transit Board. D-3 DECLARATION OF SURPLUS CITY PROPERTY Mr. Napper recommended Council declare the listed equipment as surplus to the City needs and authorize staff to have the property sold at auction. D-4 REJECTION OF LIABILITY CLAIM AGAINST THE CITY -QUINTANA Mr. Napper recommended Council deny the claim and authorize the City Clerk to send a rejection letter. D-5 AWARD OF CONTRACT FOR CONSTRUCTION OF EMBARCADERO INTER- CEPTOR SEWER Mr. Napper recommended Council award the contract to R. P. Richards, Inc. in the amount of $389,356 and appropriate $85,000 from Sewer Fund Balance and $2,164.18 from Tidelands Park Sewer Repair project to this project. D-6 RESOLUTION NO. 111-85 ENDORSING THE "FAIR RESPONSIBILITY ACT OF 1986 11 INITIATIVE Mr. Napper recommended Council pull this from Calendar and consider separately if they wished policy action on the item. the Consent to take any MOTION: MOTION: Councilmember Risley Consent Calendar, exception of Item Councilmember Sheetz moved for the approval of the Items D-1 through D-5 with the D-6. The motion was seconded by and unanimously carried. (5-0) Councilmember Sheetz moved for tion No. 111-85 endorsing the of 1986" initiative. The Councilmember Kaltenbach (5-0) the adoption of Resolu- "Fair Responsibility Act motion was seconded by and unanimously carried. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE FIFTEEN E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL 1. Councilmember Sheetz asked if a letter had been written regarding ghost shrimping. Mayor Zeuschner indicated he would be contacting Steve MacElvaine, a member of the Coastal Commis- sion, and discussing this matter with him; and, that he and Mr. Napper would prepare the letter shortly. 2. Councilmember Sheetz thanked Mr. Jorgensen for his services and quick responses as City Attorney. 3. Councilmember Risley said the dedication of the new Library will be on December 21st and the Friends of the Library would like to close Shasta Avenue for the ceremonies. Mr. Napper said he would agendize the matter for the next Council meeting for their approval. 4. Councilmember Risley suggested Council have a booth at the November 30th Merchant's Faire and sell Harbor Festival posters that are still in supply. MOTION: Councilmember Risley moved Council allocate $20 from the Community Promotions Fund to rent a booth at the Merchant's Faire. The motion was seconded by Council- member Miller and unanimously carried. (5-0) E-2 CITY ADMINISTRATOR 1. Mr. Napper asked Council how they wished to proceed regarding City Attorney services until a permanent individual can be selected. Mayor Zeuschner thought the City should put a hold on any routine legal work and any emergency or crucial items could be parceled out on a job by job basis to local attorneys. Councilmember Sheetz asked if Ann Russell, an attorney with the City of San Luis Obispo, could be contacted to attend City Council meetings. Council concurred in this and Mr. Napper was directed to contact her. E-3 CITY ATTORNEY 1. Mr. Jorgensen referred to his to memo to Council re- garding the confidentiality of the City Attorney's opinion on Measure F and correspondence involving the Ralph Peters lawsuit. He thought at this point it would be reasonable to release the opinion on Measure F; however, he recommended keeping the Ralph Peters matter confidential due to the attorney/client relation- ship. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 12, 1985 PAGE SIXTEEN MOTION: Councilmember Risley moved available to the general seconded by Councilmember carried. (5-0) F. ADJOURNMENT that Measure F be made public. The motion was Kaltenbach and unanimously MOTION: Councilmember Sheetz moved the meeting be adjourned to Thursday, November 14, 1985 at 6:00 p.m. in the City Hall Conference Room to interview applicants for City Attorney. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) The meeting adjourned at 1:30 a.m. Recorded by: ELANE NOVAK Deputy City Clerk