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HomeMy WebLinkAboutCC_1986-03-10 Regular Meeting MinutesMORRO BAY CITY COUNCIL AGENDA REGULAR MEETING - MARCH 101 1986 RECREATION HALL - 7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - REVEREND LANCE POLDBERG, CALVARY LUTHERAN CHURCH 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. PRESENTATION: READING OF HIS POEM, "OLD MORRO ROCK," BY CHARLES GARRIGUS, CALIFORNIA POET LAUREATE A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PRESENTATION OF INITIATIVE PETITION PROHIBITING ON -SHORE OIL SUPPORT FACILITIES A-2 FUEL DOCK (LEASE SITE 30W-33W) LEASE APPRAISAL APPEAL A-3 SAN LUIS AMBULANCE REQUEST FOR RATE ADJUSTMENTS, RESOLUTION NO. 20-86 ADOPTING REVISED AMBULANCE FEES A-4 ORDINANCE NO. 279 RE: WASTEWATER SYSTEM NON -INDUSTRIAL SOURCE CON- TROL (FIRST READING) A-5 RESOLUTION NO. 24-86 APPROVING A GRANT APPLICATION FOR CBDG FUNDS FOR HOUSING REHAB PROGRAM B. UNFINISHED BUSINESS B-1 RESOLUTION NO. 23-86 GRANTING AN APPEAL OF THE PLANNING COMMIS- SION'S DENIAL AND APPROVING A CUP FOR AN ADDITION TO A MOTEL B-2 RESOLUTION NO. 16-86 ANNOUNCING FINDINGS AND DENYING A TIME EXTEN- SION FOR TENTATIVE TRACT MAP NO. 1077 B-3 REQUEST FOR CLARIFICATION ON PINEY WAY PROJECT WATER EQUIVALENCIES AND APPLICANT REQUEST FOR WAIVER OF PARK IN -LIEU FEES C. NEW BUSINESS C-1 NOMINATION AND SELECTION OF FIRE SERVICES FUNDING STEERING COM- MITTEE MEMBERS AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 10, 1986 PAGE TWO D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF FEBRUARY 24, 1986 AND THE REGULAR ADJOURNED MEETINGS OF FEBRUARY 19 AND 26, 1986 D-2 RESOLUTION NO. 19-86 AUTHORIZING DELEGATION OF HEARING OFFICER FOR DISABILITY RETIREMENT HEARINGS D-3 APPROVAL OF LILA KEISER PARK BALLFIELD DEDICATION DATE AND OPENING CEREMONIES BUDGET (5-3-86) D-4 RESOLUTION NO. 18-86 OF APPRECIATION FOR SR. MECHANIC LOREN MONTGOMERY D-5 PROCLAMATION DECLARING MARCH 22-29, 1986 AS "CHARLES PADDOCK ZOO WEEK" D-6 RESOLUTION NO. 21-86 ACCEPTING POEM ENTITLED "OLD MORRO ROCK" FROM THE STATE OF CALIFORNIA POET LAUREATE (CHARLES B. GARRIGUS) D-7 CLAIM REJECTION - LYDIA SOUSA D-8 RESOLUTION NO. 22-86 ENDORSING MR. LEWIS K. JOHN FOR MEMBERSHIP ON THE CALIFORNIA TRANSPORTATION COMMISSION E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY CLOSED SESSION 1. GOVERNMENT CODE SECTION 54956.9(a)a QUALMAN VS. CITY OF MORRO BAY AND MORRO BAY VS. THEODORE BROWN F. ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 10, 1986 RECREATION HALL - 7:00 P.M. Mayor Zeuschner called the meeting to order at 7:00 p.m. 1: • �sM PRESENT: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Alan Davis Forrest Henderson Mike Multari Nick Nichols Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director Asst. to City Admin. Comm. Dev. Dir. Public Works Dir. Deputy City Clerk Horace Strong led the Pledge of Allegiance and also gave the invocation. ORAL COMMUNICATIONS 1. Robert Lane discussed an article in the LA Times re- garding pollution in the Bay. He suggested Council conduct an engineering survey to find out what is going wrong with the new sewer plant. 2. Jack Wilkerson, attorney representing Tom and Doris Chester who live at 160 Anchor, stated his clients have concerns regarding the Resolution proposed for Council adoption this evening on the Biaggini motel. He said they have no objections to the concept of the view deck and public parking on Anchor; however, they had some concerns regarding the design of the im- provements in relation to their property. Mr. Wilkerson outlined these concerns. 3. John Lemons also discussed the LA Times article and stated he was in agreement with Council's reluctance to chlori- nate the effluent and noted several other things which could add to the pollution of the Bay. ORAL COMMUNICATIONS Mayor Zeuschner introduced Charles Garrigus, California Poet Laureate, who had written a poem about Morro Rock. Mr. Garrigus MINUTES - MORRO BA` :ITY COUNCIL REGULAR MEETING - k�RCH 10, 1986 PAGE 2 explained the duties of a Poet Laureate and read the poem he had written entitled, "Old Morro Rock." Mr. Napper introduced Bob Jones of the San Luis Obispo County Land Conservancy who had donated the materials for the plaque on which the poem is carved. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PRESENTATION OF INITIATIVE PETITION REGARDING ON -SHORE OIL SUPPORT FACILITIES _ Mr. Napper advised Council the Initiative Petition has been through the signature checking process and he has determined it is sufficient within the terms of the Election Code. The only two actions available to Council at this time are to order the matter placed on the ballot at the next general municipal elec- tion or adopt the ordinance as is. City Attorney Judy Skousen advised Council if they wished to adopt the ordinance, it would be proper to place the matter be- fore the Planning Commission and City Council at properly noticed public hearings before officially adopting the initiative. This is required by the Government Code for any changes to zoning or- dinances and the initiative qualifies as such. She also noted the only considerations at the public hearings can be whether or not to adopt the ordinance or to place it on the ballot; the or- dinance cannot be changed. She said there is one other problem with the initiative and that involves the sentence which relates to prohibiting permits to be issued by the City for support of oil facilities. This activity is administrative in nature and may be legally outside the ini- tiative purview; initiatives can only enact laws allowed to be passed by legislative bodies, but not administrative matters. Additionally, there is no severability clause which would keep the ordinance effective if other parts are later declared invalid. Councilmember Kaltenbach disagreed with the City Attorney's opin- ion on this issue; he stated another City Attorney with a lot of experience had reviewed the initiative and said it was a legal initiative. Mayor Zeuschner opened the matter to the public for comments. Warren Dorn was in favor of Council adopting the ordinance al- though he agreed with the City Attorney's analysis of the situa- tion. He said an ordinance with the proper legal ramifications prepared by the City Attorney should be placed on the November ballot. He said it was wrong in the first place to have the petition; the petitioners should have come to the Council and asked them to prepare the ordinance. MINUTES - MORRO BA`_ 'ITY COUNCIL REGULAR MEETING - MARCH 10, 1986 PAGE 3 Peter Diffley distributed and read a prepared statement citing excerpts from the Election Code and court opinions regarding ini- tiatives. He noted the people have the right to enact a zoning ordinance by initiative. Howard Gaines quoted from a newspaper article about the initia- tive process and stated issues involving California land use will be increasingly decided in the ballot box. John Lemons was in favor of adopting the ordinance, either this evening or after public hearings if Council felt more comfortable with that process. Harold Biaggini urged Council to listen to the advice of the City Attorney. Dale Aught* and Robert Lane spoke in favor of adopting the ordi- nance tonight; Mr. Lane commented Morro Bay is targeted as a de- sirable oil base. MOTION: Councilmember Sheetz moved the public hearing be closed and the matter return to Council. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Councilmember Sheetz stated Council should do what is best for Morro Bay and this ordinance is something that would be for the betterment of Morro Bay. She noted the City Administrator and City Attorney have an obligation to point out possible problems on items to Council. MOTION: Councilmember Sheetz moved Council adopt the ordinance this evening. The motion was seconded by Councilmember Risley. Councilmember Miller also felt the ordinance was good for Morro Bay but preferred to have it placed on the ballot. Councilmembers discussed this matter at length. Councilmember Risley felt the ordinance should be adopted this evening because he didn't believe Morro Bay should be involved from now until November about the question of this ordinance which everyone seemed in favor of. He discussed other more important issues the Council should be deliberating on. Judy Skousen addressed the citations quoted by Mr. Diffley; she stated the initiative process does allow the voters to enact a zoning ordinance when the issue is specifically placed on the ballot. During the election process the initiative gets suffi- cient publicity and the voters individually vote for or against the initiative. If Council decides to adopt the initiative, the public must have a chance to express their opinions through pub- lic hearings. The passage quoted by Mr. Diffley pertains when *Auth (corrected Council meeting of 3-24-86) MINUTES - MORRO BA' >ITY COUNCIL REGULAR MEETING - MARCH 10, 1986 PAGE 4 placing the issue on the ballot; it does not address the process should Council decide to adopt the initiative. Additionally, his citation requiring Council to adopt the ordi- nance within 10 days after it is presented only applies to special election; this initiative has been signed by at least 10% of the registered voters which qualifies it for the next general municipal election, and time requirements are not cited as long as Council proceeds in an expeditious manner. Councilmember Sheetz wished to restate her motion: MOTION: Councilmember Sheetz moved Council adopt Resolution No. 25-86 signifying Council intent to adopt the initiative ordinance after the appropriate public hearing process has been completed. The motion was seconded by Mayor Zeuschner. Mr. Napper read Resolution No. 25-86 in its entirety. The motion was unanimously carried by roll call vote. (5-0) Council held a recess from 8:35 p.m. to 8:43 p.m. A-2 FUEL DOCK (LEASE SITE 30W-33W) LEASE APPRAISAL APPEAL Alan Davis reviewed this matter for Council stating a recent appraisal of this site increased the rents from $2,475 per year (based on a 1970 appraisal) to $9,300 per year. He noted the site had not been appraised as scheduled in the lease, so rents remained at the 1970 valuation. Mr. Davis stated the Harbor Com- mission, in consideration of this matter, recommended a one year extension to re -negotiate the lease and that the rent be in- creased to $5,000 for the one year period. He noted Jerry Taylor, appraiser for the lease site, was present to respond to questions by Council. Mayor Zeuschner opened the matter to the public for comments. Richard Bolton, president of the Morro Bay Fuel Dock, stated the Fuel Dock was almost working at a break-even point now and an in- crease in rents would probably make it unfeasible for them to operate. He reviewed the siltation problems caused in part by a City drain which empties near the site. He said they could live with the Harbor Commission recommendation of $5,000 per year if the City fixed the storm drain; they can fix the mudding/dredging problem. Councilmembers asked questions of Mr. Bolton. Mr. Nichols re- viewed the City's investigation of dredging costs for the area. Councilmember Risley was in favor of doing something for the com- mercial fishermen in Morro Bay, but was also concerned about MINUTES - MORRO BA`. >ITY COUNCIL REGULAR MEETING - MARCH 10, 1986 PAGE 5 others requesting the same consideration; he noted Council had just received a request from Morro Bay Marina for relief from a rental increase. Ms. Skousen advised Council against doing anything to jeopardize the appraisal process. She cautioned against action that might appear to be discrimination either in favor or against any entity or person without appropriate findings. She also expressed con- cerns about the City accepting responsibility for all dredging. MOTION: Councilmember Risley moved staff be directed to study and bring back specific recommendations on how to ac- complish the support of the fishing industry that Coun- cil desires in terms of the rental on lease sites. The motion was seconded by Councilmember Kaltenbach. Mr. Napper asked about a time -frame to bring this item back to Council in view of the fact the rent on the lease site is sched- uled to be increased effective April 1986; an invoice for this would be sent out in July. Mayor Zeuschner hoped the matter could be returned before July 1986 and suggested the persons in- volved prepare for the increased rent payment in July 1986 with the understanding that Council is trying to find some way to give them relief. The motion was unanimously carried. (5-0) A-3 SAN LUIS AMBULANCE REQUEST FOR RATE ADJUSTMENTS, RESOLUTION NO. 20-86 ADOPTING REVISED AMBULANCE FEES Forrest Henderson reviewed this matter stating the last time rates were increased was in June 1983. He stated the income from the Morro Bay area from the period October 1, 1984 to September 30, 1985 was $270,890.79 and the expenditures for the same period were $274,528.30 for a loss of $3,731.50. He reviewed the rate adjustments which includes decreases in some fees. Mayor Zeuschner opened the matter to the public for comments. Howard Gaines urged Council to adopt rate increase only for a short period of time, because some these costs, for instance fuel prices, could go down. Councilmember Sheetz noted direct expenses amount to 7.2% of the total expenditures and salaries accounted for 48%. MOTION: Councilmember Sheetz moved Council approve the proposed increase and adopt Resolution No. 20-86. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) MINUTES - MORRO BA` ITY COUNCIL REGULAR MEETING - MARCH 10, 1986 PAGE 6 A-4 ORDINANCE NO.279 RE: WASTEWATER SYSTEM NON -INDUSTRIAL SOURCE CONTROL ORDINANCE (FIRST READING)�� Mr. Nichols reviewed this item stating it was a result of a con- dition of the Discharge Permit for the recently upgraded waste- water treatment plant which requires prohibition of certain dis- charges into the sewage system which would violate the authorized discharge standards. Mayor Zeuschner opened the matter to the public for comment. John Lemons noted some typographical corrections to the ordinance and expressed concerns about the provision for entering property without notice. Ms. Skousen stated the City has almost unlimited powers to in- spect premises for purposes of health and sanitation to protect the public welfare. MOTION: Councilmember Risley moved Ordinance No. 279 be read by number and title only. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Mr. Napper read Ordinance No. 279 by number and title only. MOTION: Councilmember Risley moved for the adoption of Ordi- nance No. 279 as first reading. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) A-5 RESOLUTION NO. 24-86 APPROVING A GRANT APPLICATION FOR CDBG FUNDS FOR HOUSING REHAB PROGRAM Mr. Multari reviewed this item stating the application was pre- pared by the People's Self -Help Housing Corporation; the total grant request is for $525,000 to which Morro Bay will add $10,000 if the grant is approved. He recommended Council hold a public hearing and adopt the resolution approving the application. Jeanette Duncan, a member of the PSHHC staff, commended the Coun- cil and staff for their participation in this grant application. Mayor Zeuschner opened the hearing to the public. Howard Gaines spoke in favor of the application. MOTION: Councilmember Risley moved for the adoption of Resolu- tion No. 24-86. The motion was seconded by Council - member Sheetz and unanimously carried. (5-0) MINUTES - MORRO BA' 'ITY COUNCIL REGULAR MEETING - MARCH 10, 1986 PAGE 7 B. UNFINISHED BUSINESS B-1 RESOLUTION_ NO. 23-86 GRANTING AN APPEAL OF THE PLANNING COM- MISSION'S DENIAL AND APPROVING A CUP FOR AN ADDITION TO A MOTEL 31 A*) G 10 1 Mr. Multari reviewed this item stating Council had granted the appeal at their last meeting subject to certain conditions for public amenities. Councilmember Sheetz stated she had received a number of negative calls about the view deck which was approved by a previous Coun- cil. Mr. Multari stated the viewing deck was a condition of the Coastal Commission when the applicant was granted a coastal per- mit. Mr. Multari also reviewed his memo to Council which ex- plained why the motel had exceeded the height limit. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 23-86. The motion was seconded by Council - member Miller. Councilmember Risley asked if a special ordinance or an amendment to the zoning ordinance is necessary to make sure this (height) does not happen again. Staff responded the process administra- tively allows the City to require the applicant to demonstrate project height by strings and poles. Robert Kleckner stated this project has not gone as represented from the start; he was opposed to the City giving away any street areas. Mr. Multari noted the Anchor Street end plan would be presented before Planning Commission and Council for final and specific approval. Several residents living in the area were upset because they could not speak to the Anchor Street public improvement issue; Mayor Zeuschner explained Council consideration this evening was for approval of the addition, not discussion of Anchor Street -end improvements to be agendized later. Councilmember Kaltenbach stated this hotel was approved by a pre- vious Council; he believed the property owners have a legitimate complaint and should get together to file a lawsuit. The motion carried with Councilmember Risley and Kaltenbach voting no. (3-2) B-2 RESOLUTION NO. 16-86 ANNOUNCING FINDINGS AND DENYING A TIME EXTENSION FOR TENTATIVE TRACT MAP NO. 1077 Mr. Napper stated Council had held a public hearing on this mat- ter at their last meeting and voted to deny a time extension; the proposed resolution sets forth findings relating to water re- source concerns. MINUTES - MORRO BA`. >ITY COUNCIL REGULAR MEETING - MARCH 10, 1986 PAGE 8 MOTION: Councilmember Kaltenbach moved for the adoption of Res- olution No. 16-86. The motion was seconded by Coun- cilmember Risley and carried with Councilmember Miller abstaining. (4-0-1) B-3 REQUEST FOR CLARIFICATION ON PINEY WAY PROJECT WATER EQUIVA- LENCIES AND APPLICANT REQUEST FOR WAIVER OF PARK IN -LIEU FEES Mr. Multari reviewed the history of the project for Council. The tentative tract map expired in July 1985; however, prior to the map's expiration, the applicants had earned 27 water equivalen- cies for the project. They have now reapplied for a new map and contend they have not lost the right to their initial water equivalencies because the project is substantially the same. Staff believes the equivalencies were lost when the map expired. Staff is also recommending not waiving the park in -lieu fees, and expressed concerns about circumventing Measure F if Council were to grant the project its water equivalencies from before. He noted the applicants cite Section 13.20.090(A) of the Munici- pal Code which states minor amendments can be made to project without loss of equivalencies. Judy Skousen stated in her opinion the tentative tract map ex- pired in July 1985 and the project is no longer entitled to the water equivalencies. Mayor Zeuschner believed the project would increase affordable housing in Morro Bay, upgrade the housing stock, and provide in- creased fees for the City. He noted the City may have legal grounds to deny, but there appeared to be a small notion of fair- ness and a larger notion of public benefit to the project. Councilmember Risley stated although he was sympathetic to the applicants, he was not in favor of extending an expired tract map due to Morro Bay's serious water supply situation. He said it borders on insanity for the City to violate its own rules, and to encourage this type of development when it doesn't have the re- sources. Councilmember Kaltenbach also was not in favor of the project. MOTION: Councilmember Risley moved Council adopt the recommen- dation of the City Administrator and affirm the tenta- tive tract map for this project expired in July 1985, and therefore any entitlements (water equivalencies) also expired, and the new map must conform to current requirements. The motion was seconded by Councilmember Kaltenbach and carried with Councilmember Miller and Mayor Zeuschner voting no. (3-2) MINUTES - MORRO BA` >ITY COUNCIL REGULAR MEETING - MARCH 10, 1986 PAGE 9 C. NEW BUSINESS C-1 NOMINATION AND SELECTION OF FIRE SERVICES FUNDING STEERING COMMITTEE MEMBERS Mayor Zeuschner stated he had received two nominations for this committee; John Baker and Jim Olson. Councilmember Risley sug- gested someone contact the chairman of the previous committee, Mr. Paul; Councilmember Miller suggested John Lemons. Mayor Zeuschner stated they should attempt to locate the final member before the next Council meeting. MOTION: Councilmember Risley moved Jim Olson and John Baker be appointed to the Fire Services Funding Steering Commit- tee. 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 FEBRUARY 24, 1986 AND THE REGULAR ADJOURNED MEETINGS OF FEBRUARY 19 AND 26, 1986 Mr. Napper recommended Council approve the minutes as submitted. A D-2 RESOLUTION NO. 19-86 AUTHORIZING DELEGATION OF HEARING OFFI- CER FOR DISABILITY RETIREMENT HEARINGS Mr. Napper recommended Council adopt Resolution No. 19-86 estab- lishing the City's Disability Retirement Hearing process. D-3 APPROVAL OF LILA KEISER PARK BALLFIELD DEDICATION DATE AND OPENING CEREMONIES BUDGET (5-3-86) Mr. Napper recommended Council approve the activities and budget of $1,795 for the ceremony and appropriate funds from Local Com- munity Promotions Fund ($1,350) and FY85-86 General Fund Contin- gencies ($445). D-4 RESOLUTION NO. 18-86 OF APPRECIATION FOR SR. MECHANIC LOREN MONTGOMERY Mr. Napper recommended Council adopt Resolution No. 18-86. D-5 PROCLAMATION DECLARING MARCH 22-29 1986 AS "CHARLES PADDOCK 7.nn wF.F.K01 Mr. Napper recommended Council authorize the Mayor to sign the proclamation. MINUTES - MORRO BA' ,ITY COUNCIL REGULAR MEETING - MARCH 10, 1986 PAGE 10 D-6 RESOLUTION NO. _21-86 ACCEPTING POEM ENTITLED "OLD MORRO ROCK FROM THE STATE OF CALIFORNIA POET LAUREATE (CHARLES B. GARRIGUS) Mr. Napper recommended Council adopt Resolution No. 21-86. D-7 CLAIM REJECTION - LYDIA SOUSA Mr. Napper recommended Council reject the claim and authorize the City Clerk to send a rejection notice. D-8 RESOLUTION NO. 22-86 ENDORSING MR. LEWIS K. JOHN FOR MEMBER- SHIP ON THE CALIFORNIA TRANSPORTATION COMMISSION Mr. Napper recommended Council adopt Resolution No. 22-86 and di- rect the City Clerk to transmit the Resolution to Governor Deukmejian and local legislators. Councilmember Kaltenbach requested Item D-2 be pulled and con- sidered separately. MOTION: Councilmember Sheetz moved for the approval of the Con- sent Calendar with the exception of Item D-2. The mo- tion was seconded by Councilmember Miller and unani- mously carried. (5-0) D-2 Resolution No. 19-86 re: disability retirement hearings Councilmember Kaltenbach discussed the problem of too many em- ployees with disability claims and cited number of City employees who are on disability, mostly in the public safety area. He wanted the matter agendized for the next meeting. Mr. Napper in- dicated this item referred to the process required to hear dis- ability claims and not matters regarding how to mitigate them. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 19-86. The motion was seconded by Council - member Miller and unanimously carried. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION A. Councilmember Sheetz discussed SB 2181 regarding reim- bursing cities who have lost transit occupancy taxes by the State having exempted State Parks from this tax. Mr. Napper stated he had written to Senator Maddy indicating the City's support of the legislation. Mayor Zeuschner suggested Councilmembers write sup- porting the Bill also. B. Councilmember Kaltenbach brought up the matter of dis- abilities again and suggested contracting for safety services in order to minimize the City's liability; he asked Mr. Napper to respond. Mr. Napper stated this could be done, however, the con- tracting agency would experience the same personnel problems the City does, and would pass those costs along to the City. Addi- MINUTES - MORRO BA4 ITY COUNCIL REGULAR MEETING - MARCH 10, 1986 PAGE 11 tionally, the City would lose its ability to control its police services. Councilmember Kaltenbach requested this item be sched- uled on the Council agenda. Mayor Zeuschner suggested Mr. Napper provide a report on the problem to Council and Council can then decide if the matter should be agendized after reading the infor- mation. C. Councilmember Risley stated Council had discussed at their last meeting reactivating the Transportation Ad -Hoc Commit- tee. Since that time, he notice the current list is no longer of use since many committee members are on other committees. He suggested the committee be reconstituted to consist of 5 members; a representative each from the seniors, Dial -A -Ride ridership, handicapped, business sector, and someone familiar with the Dial - A -Ride operation. Councilmembers could give the Mayor nomina- tions for consideration and selection at the next Council meeting. MOTION: Councilmember Risley moved Council reconstitute the Transportation Ad -Hoc Committee as outlined. The mo- tion was seconded by Councilmember Kaltenbach and unan- imously carried. (5-0) D. Councilmember Risley brought up the matter of the "Swiss system" of determining height limits of projects by the pole and ribbon modeling of a building in order to physically view the height of a proposed structure. Mr. Multari stated this option is currently available to the City in the ordinance, how- ever, much care is needed in application as it can be a mislead- ing process Discussion led to a Master Harbor Plan with Council indicating their preference for Mr. Multari's input and perhaps taking the lead on the project. Mr. Multari indicated he and Mr. Napper had discussed this and Mr. Napper agreed with Council's preference, stating staff would come back with recommendations for Council consideration which might include a contract person to relieve Mr. Multari of some of his duties while he worked on this project. E. Mayor Zeuschner brought up the misleading article which had appeared in the LA TIMES regarding Bay pollution. He stated he would be writing a letter to the editor of that paper correct- ing some of the misconceptions. F. Mayor Zeuschner stated the City Administrator's con- tract is due to expire in April 1986. He suggested Council - members Risley and Sheetz as a Council sub -committee to review and make recommendations regarding renewal of the contract. MOTION: Mayor Zeuschner moved Councilmembers Risley and Sheetz be appointed to review and make recommendations regard- MINUTES - MORRO BA; :ITY COUNCIL REGULAR MEETING - MARCH 10, 1986 PAGE 12 ing the City Administrator's contract. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) E-2 CITY ADMINISTRATOR A. Mr. Napper stated he had received a call from a re- porter from the LA TIMES following their article on Bay pollu- tion; he stated he was concerned because the City had not been contacted before the article was published. B. Mr. Napper requested a Closed Session to discuss the Qualman case, and Morro Bay vs. Ted Brown. E-3 CITY ATTORNEY A. Ms. Skousen stated she had a report to make in Closed Session. F. ADJOURNMENT MOTION: Councilmember Miller moved the meeting adjourn to closed session. The motion was seconded by Council - member Risley and unanimously carried. (5-0) Mayor Zeuschner stated Council would hold a Closed Session con- cerning litigation in the matters of Qualman Oyster Co. vs. City of Morro Bay, and City of Morro Bay vs. Theodore S. Brown. The meeting adjourned to closed session at 11:27 p.m. and re- turned to regular session at 12:32 a.m. MOTION: Councilmember Miller moved the meeting be adjourned. The motion was seconded by Mayor Zeuschner and unani- mously carried. (5-0) The meeting adjourned at 12:32 a.m. Recorded by: ARDITH DAVIS Deputy City Clerk