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HomeMy WebLinkAboutCC_1986-04-14 Regular Meeting MinutesMORRO BAY CITY COUNCIL AGENDA REGULAR MEETING - APRIL 14, 1986 RECREATION HALL - 7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - REVEREND TOM GESHAY, CALVARY BAPTIST 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. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 CONSIDERATION OF ORDINANCE NO. 283 ADOPTING AN INITIATIVE ORDINANCE PROHIBITING OIL -RELATED FACILITIES IN MORRO BAY - FIRST READING A-2 ORDINANCE NO. 282 ADOPTING RECENT LCP/ZONING CHANGES; CASE NO. LCP 04-85 - FIRST READING A-3 ORDINANCE NO. 284 REVISING SIGN ORDINANCE; CASE NO. ZOA 05A-85 - FIRST READING A-4 RESOLUTION NO. 34-86 APPROVING FINAL EIR, WATER RIGHTS PERMITS (HISTORICAL APPROPRIATIONS) A-5 APPEAL BY WES CHRISTENSEN REGARDING QUALIFYING FOR COMMERCIAL FISHING SLIP A-6 RESOLUTION NO. 33-86 APPROVING CONSENT TO SUBLEASE A PORTION OF LEASE SITE NO. 78-79W (ZEKE'S WHARF; N. MARTIN) B. UNFINISHED BUSINESS B-1 RESOLUTION NO. 32-86 APPROVING INTERIM SUBLEASE - LEASE SITE 51-51W (ASSOCIATED PACIFIC CONSTRUCTORS) C. NEW BUSINESS C-1 RESOLUTION NO. 31-86 APPROVING TEMPORARY LEASE EXTENSION - MOORING ZONE A1-4 (MORRO BAY MARINA) C-2 EXTENSION OF SENIOR CITIZENS OPERATING AGREEMENT AGENDA - MORRO BAY Cl-Z COUNCIL REGULAR MEETING - APRIL 14, 1986 PAGE TWO D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF MARCH 24, 1986 AND THE ADJOURNED REGULAR MEETING OF MARCH 27, 1986 D-2 REFUSE COLLECTION FRANCHISE BOARD ANNUAL REPORT FOR 1985 (PULLED) D-3 LEASE AGREEMENT RENEWALS WITH P.G.&E.: WELLS #14 AND 15, AND LILA KEISER PARK D-4 AWARD OF CONTRACT FOR PROJECT NO. PW 85-18; MAIN STREET RESURFACING (BEACH ST. TO SOUTH ST.) D-5 AWARD OF CONTRACT FOR PROJECT NO. 85-19; WHEELCHAIR RAMP INSTALLA- TION D-6 ACCEPTANCE OF PROJECT NO. PW 85-17; PINEY WAY STREET RESURFACING WITH PACIFIC STREET CHANGE -ORDER D-7 RESOLUTION NO. 30-86 IN SUPPORT OF PROPOSITION 43 - COMMUNITY PARK- LANDS ACT OF 1986 D-8 PROCLAMATION DECLARING 1986 THE "20TH YEAR OF CITY RECREATION SERVICES" D-9 PROCLAMATION DECLARING APRIL 1986 "CHILD ABUSE PREVENTION MONTH" D-10 PROCLAMATION DECLARING APRIL 20-26, 1986 AS "COMMUNITY CLEAN-UP WEEK" D-11 PROCLAMATION DECLARING MAY 2, 1986 AS "SPECIAL OLYMPICS DAY" D-12 PROCLAMATION DECLARING APRIL 20-26, 1986 AS "VICTIM'S RIGHTS WEEK" 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); CITY OF MORRO BAY V. THEODORE S. BROWN 2. GOVERNMENT CODE SECTION 54956.8; REAL ESTATE NEGOTIATIONS (DOMENGHINI) 3. GOVERNMENT CODE SECTION 54957; PERSONNEL MATTERS F. ADJOURNMENT MINUTES - MORRO REGULAR MEETING RECREATION HALL BAY CITY COUNCIL - APRIL 14, 1986 - 7:00 P.M. The meeting was called to order at 7:00 p.m. by Mayor Zeuschner. RnT.T. CALL PRESENT: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Alan Davis Forrest Henderson Dave Howell Mike Multari Nick Nichols Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director Asst. to City Admin. Police Chief Comm. Development Dir. Public Works Director Deputy City Clerk The Pledge of Allegiance was led by Horace Strong, and Reverend Tom Geshay of the Calvary Baptist Church gave the invocation. ORAL COMMUNICATIONS 1 . Dale Reddell discussed 8 water -retrofit projects for single family dwellings under consideration by the Planning Com- mission at their last meeting. He stated the Commission had voted and passed the permits, and then Councilmember Kaltenbach talked the Commission into rescinding their vote. He objected to one Councilmember taking it upon himself to stop a process when people have followed the rules to comply with the program. 2. Robert Lane objected to the proposed closed session item regarding real estate negotiations with the Domenghini fam- ily; he felt these negotiations should be public so citizens could provide input. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 CONSIDERATION OF ORDINANCE NO. 283 ADOPTING AN INITIATIVE ORDINANCE PROHIBITING OIL -RELATED FACILITIES IN MORRO BAY - FIRST READING Mr. Napper reviewed this item stating the Planning Commission held a public hearing on the initiative and found it conforms with the City's LCP and General Plan; they recommended Council adopt the initiative. MINUTES - MORRO BA_ 2ITY COUNCIL REGULAR MEETING - APRIL 14, 1986 PAGE 2 Mayor Zeuschner opened the matter for public hearing and noted the comments should be restricted to whether the Council should adopt the initiative or place it on the ballot for a vote of the people; changing the ordinance is not an option available to Council with regard to an initiative. Bob Ward encouraged Council to adopt the measure. Howard Gaines felt staff was infringing on the people's right to the initiative process in holding this matter for public hearing. Warren Dorn urged Council to adopt the initiative and then place a revised issue on the ballot in November to strengthen the one before the Council. MOTION: Councilmember Kaltenbach moved Ordinance No. 283 be read in its entirety. The motion was seconded by Coun- cilmember Risley and unanimously carried. (5-0) Mr. Napper read Ordinance No. 283 in its entirety. MOTION: Councilmember Kaltenbach moved Ordinance No. 283 be adopted as first reading. The motion was seconded by Councilmember Risley. Councilmember Risley was in favor of adopting the ordinance so the Council could concentrate on other issues rather than focus- ing on this for the next few months if it was scheduled for a November ballot. The motion was unanimously carried. (5-0) Councilmember Miller was in favor of placing a revised ordinance on the ballot which would eliminate the legal problems of this initiative ordinance. MOTION: Councilmember Miller moved that along with approval of the initiative petition, the City Attorney be in- structed to work with the Planning Director and the Coastal Commission staff in order to develop a revised ordinance utilizing our existing prohibitions and any other strengthening language and place the ordinance on the November ballot, thus providing all the citizens with the strongest possible stance against oil related installations anywhere in our City. The motion was seconded by Councilmember Sheetz for sake of discus- sion. Mayor Zeuschner stated Council had received copies of an initia- tive by the City of Santa Cruz which encompassed most of what Morro Bay would probably need in such an ordinance. Councilmember Risley was not in favor of keeping this issue alive until November; he suggested Councilmember Miller and Mr. Dorn circulate another petition if they felt this one was inadequate. Councilmember Kaltenbach also objected to a revised ordinance. MINUTES - MORRO BA_ %ITY COUNCIL REGULAR MEETING - APRIL 14, 1986 PAGE 3 Councilmember Sheetz asked the City Attorney where this ordinance stands in jeopardy. Ms. Skousen stated if an oil company decided they wanted to locate in Morro Bay, they might take the initia- tive to court because of the administrative clause in the ordi- nance; another problem is there is no severability clause, so if the courts declared the administrative section invalid, the whole ordinance would be invalid. It is also possible the courts would not rule in favor of someone challenging the ordinance. She also stated if the State or Federal Government decided there is a ne- cessity to locate oil facilities here, any ordinance would be in- effective no matter how strong. Mayor Zeuschner stated he would like to think more about placing a revised ordinance on the ballot, since the City wants the strongest protection possible in this matter. The motion failed with Councilmembers Kaltenbach, Risley, Sheetz, and Mayor Zeuschner voting no. (1-4) A-2 ORDINANCE NO. 282 ADOPTING LCP ZONING CHANGES' CASE NO. LCP 04-85 - FIRST READING Mr. Multari explained Council and Planning Commission by Resolu- tion had adopted these changes last October; the changes were submitted to the Coastal Commission for their certification, which was accomplished without change in February. It is now ap- propriate for Council to formally adopt these changes by ordi- nance. Mr. Multari reviewed the changes for Council and recom- mended Council adopt the first reading of the ordinance. Mayor Zeuschner opened the matter to the public for comments; there were no comments. MOTION: Councilmember Sheetz moved Ordinance No. 282 be read by title and number only. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) Mr. Napper read Ordinance No. 282 by title and number. MOTION: Councilmember Sheetz moved Ordinance No. 282 be adopted as first reading. The motion was seconded by Coun- cilmember Kaltenbach and unanimously carried. (5-0) A-3 ORDINANCE NO 284 REVISING SIGN ORDINANCE; CASE NO. ZOA 05A- 85 - FIRST READING Mr. Multari reviewed the revisions to the sign regulations and noted the ordinance incorporates the adoption of the 1985 Edition of the Uniform Sign Code by reference. Councilmember Risley asked if there was any opposition to the changes during the Planning Commission hearing on this matter; Mr. Multari said no. MINUTES - MORRO BA CIITY�COUNCIL REGULAR MEETING - APRIL 14, 1986 PAGE 4 Mayor Zeuschner opened the matter to the public; there were no comments. MOTION: Councilmember Sheetz moved Ordinance No. 284 be read by title and number only. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Mr. Napper read Ordinance No. 284 by title and number. MOTION: Councilmember Sheetz moved Ordinance No. 284 be adopted as first reading. The motion was seconded by Coun- cilmember Risley and unanimously carried. (5-0) A-4 FINAL EIR, WATER_RIGHTS PERMITS (HISTORICAL APPROPRIATIONS) Mr. Multari stated the City has applied for the right to withdraw up to 1723 acre feet of water from the Morro and Chorro basins; this is the historical maximum the City has used. The State Water Resources Control Board required the City to prepare an EIR certified by the City before acting on the application. Mr. Multari reviewed the EIR prepared by Michael Brandman and Associates, and the comments on the EIR. Mayor Zeuschner opened the matter to public hearing. John Maino, property owner in Chorro Valley, reviewed what he felt were discrepancies in the EIR. The Report states only 333 acres of agricultural lands are in the Chorro Valley irrigated by upstream users. He has checked several resources (i.e., Cal Poly, John Jones, and Domenghini) and their total land use adds up to 3 times more than 333 land acres. Councilmember Risley asked if Mr. Maino thought the San Bernardo Creek Dam would help the water problem. Mr. Maino stated the State Water Project is the only answer for Morro Bay; he is against the use of San Bernardo Creek Dam for recreational use. Steve MacElvaine stated the average annual range of appropriative water use for Morro Bay is 1500 to 1600 acre feet, rather than 1723 acre feet in the report. Councilmember Risley asked Mr. MacElvaine if he had to have ap- propriative water rights for Morro Valley uses. Mr. Macelvaine stated he is riparian user, and therefore does not have to file for appropriative rights. He stated during the dry year, water was very tight and increasingly so because of additional agricul- ture uses. He agreed supplemental water is the only option for Morro Bay. MINUTES - MORRO BA _'ITY COUNCIL REGULAR MEETING - APRIL 14, 1986 PAGE 5 Nelson Sullivan cautioned the City against being complacent about the acre footage numbers cited in the EIR; they could be inaccu- rate. Councilmember Sheetz asked about the impact of Mr. Maino's infor- mation on additional use of water by riparian water users. Gary Jacobs, of Michael Brandman & Assoc., stated riparian rights can not be usurped by the City's appropriative permits. There was discussion regarding the permit process and required hearings after Council approves the EIR. MOTION: Councilmember Risley moved for the adoption of Resolu- tion No. 34-86 to approve the water rights EIR and cer- tifying it meets the requirement of the CEQA, and au- thorize the filing of the EIR for processing of the City's water rights permits by the SWRCB. The motion was seconded by Councilmember Kaltenbach and unani- mously carried. (5-0) A-5 APPEAL BY WES CHRISTENSEN REGARDING QUALIFYING FOR COMMER- CIAL FISHING SLIP Alan Davis, Harbor Director, reviewed Mr. Christensen's request to remain in a City slip despite the fact he does not qualify un- der the ordinance or resolution to do so. He noted Mr. Chris- tensen's waiver approved last year under similar circumstances, and referred to the requirement of the resolution that no more than one waiver be granted to a lessee in a five-year period. Councilmember Risley felt the resolution clearly sets out that this matter should be considered by the Harbor Commission before it comes to Council. Mr. Napper stated the current resolution does not even allow Mr. Christensen an appeal before Council in that it clearly specifies only one waiver in a five-year period. Mr. Christensen was scheduled for agenda time because he had re- quested it; not because he has a procedures right to appeal the determination of the Harbor Director. There was considerable discussion regarding the wording of the Resolution and whether or not subsequent requests for waivers should be considered by the Harbor Commission or the City Coun- cil. Mayor Zeuschner expressed concern that the policy may not be flexible enough. Councilmember Miller felt the City should proceed with evicting Mr. Christensen from the slip; he had falsified information in order to be allowed to remain in the slip and should not be given consideration beyond his first waiver. Ms. Skousen stated the way the law is written Mr. Christensen cannot even request a hearing before Council and the Harbor Com- mission has no authority to hear or grant a second extension. MINUTES - MORRO BA..;ITY COUNCIL REGULAR MEETING - APRIL 14, 1986 PAGE 6 Council decided to refer the policy question of waivers to the Harbor Commission for amplification on the process. MOTION: Councilmember Sheetz moved this item be returned to the Harbor Commission for clarification of the waiver pro- cess; and, the eviction notice on Mr. Christensen be held pending the outcome of the Harbor Commission's recommendation and Council decision. The motion was seconded by Councilmember Risley and carried, with Councilmember Miller voting no. (4-1) A-6 CONSIDERATION OF RESOLUTION NO. 33-86 APPROVING CONSENT_ TO SUBLEASE A PORTION OF LEASE SITE NO. 78-78W (ZEKE'S WHARF; N. MARTIN) Mr. Davis stated Ron Myers, lessee on Lease Site No. 78-78W, has requested consent to sublease an existing space to a new tenant; there is no requested change in use. He stated the Harbor Com- mission has recommended approval. Councilmember Risley asked if the lease rents are current, and Mr. Davis stated they are. Nellie Martin, proposed sublessee, introduced herself and stated she would be happy to answer any questions Council might have. MOTION: Councilmember Kaltenbach moved for the adoption of Res- olution No. 33-86 provided the parties execute the City's Consent to Sublease document and the new Sub- lessee provides appropriate insurance coverages to the City. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 RESOLUTION NO. 32-86 APPROVING INTERIM SUBLEASE - LEASE SITE 51 -51 W Mr. Davis reviewed this stating Council had approved an initial 3-month extension to Ms. Batteiger's lease to allow staff time to develop a new Master City Lease. Additional time is needed to accomplish this task and, therefore, an extension is being re- quested for another 3-month period. Ms. Batteiger prefers, how- ever, to allow the extension to pass to Associated Pacific Con- structors at this time. He noted Associated Pacific Constructors are leaseholders of the lease sites on either side of Sites 51- 51W and has pending a CUP on 51-51W approved by the Planning Com- mission and Harbor Commission. He said the Harbor Commission ap- proved the extension to Associated Pacific Contractors with con- ditions, and those conditions have been included in the transfer. MOTION: Councilmember Risley moved for the adoption of Resolu- tion No. 32-86 approving a 3-month interim lease with Associated Pacific Constructors to terminate without MINUTES - MORRO BA. CITY COUNCIL REGULAR MEETING - APRIL 14, 1986 PAGE 7 notice on 31 July 1986 for Lease Site 51 -51 W. The mo- tion was seconded by Councilmember Sheetz and unani- mously carried. (5-0) C. NEW BUSINESS C-1 RESOLUTION NO. 31-86 APPROVING TEMPORARY LEASE EXTENSION - MOORING ZONE Al-4 (MORRO BAY MARINA) Mr. Davis stated this item was similar to item B-1 in that staff needs additional time to revise the City's Master Lease document. It was noted the Harbor Commission concurs with the recom- mendation, and the intended concept of a 5-year lease renewal once the new Master Lease is approved. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 31-86 approving a temporary lease extension to Morro Bay Marina for Lease Site A1-4 Mooring Zone. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) C-2 EXTENSION OF SENIOR CITIZENS OPERATING AGREEMENT Mr. Napper stated the month -to -month extension to the Senior Cit- izens' Operating Agreement will allow time to resolve a policy question regarding adequate liability insurance requirements. Councilmember Miller questioned whether the City was covering the Senior activities under City insurance policies. Mr. Napper stated the existing agreement calls for City -coverage for activi- ties only at the Senior Center, not at other locations. MOTION: Councilmember Kaltenbach moved for approval of the staff recommendation for a month -to -month extension of the Operating Agreement between the City and the Senior Citizens, Inc. The motion was seconded by Councilmem- ber Sheetz and carried with Councilmember Miller voting no. ( 4-1 ) Council recessed at 8:52 p.m. and reconvened at 8:58 p.m. D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF MARCH 24, 1986 AND THE ADJOURNED REGULAR MEETING OF MARCH 27, 1986 Mr. Napper recommended Council approve the minutes as submitted. D-2 REFUSE COLLECTION FRANCHISE BOARD ANNUAL REPORT FOR 1985 (PULLED) MINUTES - MORRO BA. 'ITY COUNCIL REGULAR MEETING - APRIL 14, 1986 PAGE 8 D-3 LEASE AGREEMENT RENEWALS WITH P.G.&E.: WELLS #14 AND 15, AND LILA KEISER PARK Mr. Napper recommended Council approve the lease agreements with P.G.&E for the City's annual rental of the Lila Keiser Park lands, and Wells No. 14 and 15, and authorize the Mayor and City Administrator to sign the agreements. D-4 AWARD OF CONTRACT FOR PROJECT NO. PW 85-18; MAIN STREET RESURFACING (BEACH ST. TO SOUTH ST.) Mr. Napper recommended Council award Bid No. PW 85-18 to A. J. Diani Construction in the amount of $64,180.25. D-5 AWARD OF CONTRACT FOR PROJECT NO. 85-19; WHEELCHAIR RAMP INSTALLATION Mr. Napper recommended Council award Bid No. PW 8 oR. Burke Construction in the amount of $17,320, and appropriate 20 from FY 85-86 General Fund Contingencies to complete the project. D-6 ACCEPTANCE OF PROJECT NO. PW 85-17; PINEY WAY STREET RESUR- FACING WITH PACIFIC STREET CHANGE ORDER Mr. Napper recommended Council accept the Piney Way street pro- ject PW 85-17 as complete, and authorize the City Administrator to execute the Notice of Completion. D-7 RESOLUTION NO. 30_-86 SUPPORTING PROPOSITION 43 - COMMUNITY PARKLANDS ACT OF 1986 Mr. Napper recommended Council adopt Resolution No. 30-86 and di- rect the City Clerk to submit copies to the League of California Cities and the California Parks and Recreation Society. D-8 PROCLAMATION DECLARING 1986 THE "20TH YEAR OF CITY RECRE- ATION SERVICES" D-9 PROCLAMATION DECLARING APRIL 1986 AS "CHILD ABUSE PREVENTION MONTH" D-10 PROCLAMATION DECLARING APRIL 20-26, 1986 AS "COMMUNITY CLEAN-UP WEEK D-11 PROCLAMATION DECLARING MAY 21 1986 AS "SPECIAL OLYMPICS DAY" D-12 PROCLAMATION DECLARING APRIL 20-26,_ 1986 AS "VICTIM'S RIGHTS WEEK" Mr. Napper recommended Council authorize the Mayor to sign the proclamations. MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - APRIL 14, 1986 PAGE 9 Councilmember Sheetz requested D-6 and D-7 be pulled and consid- ered separately; and Councilmember Kaltenbach requested item D-5 be pulled. MOTION: Councilmember Risley moved for the approval of the Con- sent Calendar with the exception of items D-5, D-6, and D-7. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) D-5 AWARD OF CONTRACT FOR PROJECT NO. 85-19; WHEELCHAIR RAMP IN- STALLATION Councilmember Kaltenbach stated the City had received complaints from local contractors because of not being awarded the bids on City projects, and he now wondered why none of them were bidding on this project. Mr. Nichols explained the City requirements for bonding to guarantee completion and payment of prevailing wages make it prohibitive voluntarily for local contractors to competi- tively bid a small project like this. MOTION: Councilmember Kaltenbach moved for approval of awarding Bid No. PW 85-19 to R. Burke Construction in the amount of $17,320, and appropriate $2,320 from FY 85-86 Gen- eral Fund Contingencies to complete the wheelchair ramp capital project. The motion was seconded by Coun- cilmember Risley and unanimously carried. (5-0) D-6 ACCEPTANCE OF PROJECT NO. PW 85-17; PINEY WAY STREET RESUR- FACING WITH PACIFIC STREET CHANGE ORDER Councilmember Sheetz expressed appreciation for the improvements on Piney Way and Pacific; she had received numerous calls from residents of those streets commenting on the work. MOTION: Councilmember Sheetz moved Council accept the Piney Way street project PW 85-17 as complete, and authorize the City Administrator to execute the Notice of Completion. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) D-7 RESOLUTION NO. 30-86 SUPPORTING PROPOSITION 43 - COMMUNITY PARKLANDS ACT OF 1986 Councilmember Sheetz stated she had received information at a re- cent League of California Cities meeting that the Governor was trying to defeat this proposition; she urged Council to support this resolution. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 30-86 and the City Clerk be directed to submit copies of the Resolution to the League of California Cities, and the California Parks and Recreation Soci- ety. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) MINUTES - MORRO BA, CITY COUNCIL REGULAR MEETING - APRIL 14, 1986 PAGE 10 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL a. Councilmember Kaltenbach brought up the matter men- tioned by Mr. Reddell regarding his (Councilmember Kaltenbach's) appearance before the Planning Commission on their retrofit ap- plications. He stated he did not stop the Planning Commission from voting on anything, but had expressed his concerns about the validity of the retrofit program. He thought he remembered Coun- cil had put a hold on the program until it was determined if retrofit actually works. Mr. Napper distributed a copy of the Resolution where Council had approved the retrofit program in December 1985 with conditions. There was discussion of the program; and also of Councilmembers' activities before other commissions or agencies. It was noted by Mayor Zeuschner that Councilmembers' actions take on more meaning and emphasis because they are elected officials, even though they may stress they are speaking as individual citizens. Councilmember Miller brought up a letter Councilmember Kaltenbach had written on his own to Brown and Caldwell requesting pipeline replacement/water equivalency information; he asked who was going to pay for Brown and Caldwell's research of Councilmember Kaltenbach's question? Mayor Zeuschner noted this request for information regarding a basis for pipeline -water equivalency validity had been requested before by a citizen, and Council had decided at that time to spend their energies in trying to develop new sources of water rather than researching why past actions had taken place. Councilmember Sheetz noted Resolution No. 60-84 had been passed by the City Council regarding Planning Commissioner activities outside their Commission meetings, and felt the Council could pass a similar resolution about the City Council to provide guidelines on individual member activities when not officially acting as a City Councilmember. Mayor Zeuschner requested copies be distributed to Councilmembers for their review and suggestions for possible adoption. b. Councilmember Sheetz said there will be a meeting on water issues on April 19, 1986 at the Black Lake Golf Course Clubhouse in Nipomo, and wondered if anyone from the City was going? Mayor Zeuschner indicated he might attend, and that Water Advisory Chairperson Grace Melton will be attending; Mr. Napper noted Water Engineer Dave Norton intends to attend. C. Councilmember Sheetz discussed a legislative bill (SB 2159) to create a national forest at Big Sur, and asked Coun- cilmembers to examine their position on the issue. MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - APRIL 14, 1986 PAGE 11 d. Councilmember Risley suggested Council rent a booth at the Merchant's park event to be held May 4th to sell Harbor Fes- tival posters. MOTION: Councilmember Risley moved for approval of expending $35 from the Community Promotions Fund to pay for a booth at the Merchant's park event. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) e. Mayor Zeuschner stated the Special Olympics will be held at the Morro Bay High School on May 2nd and requested a mem- ber of the Council be there to officially express the City's "welcome"; Mayor Zeuschner will be unable to attend. Councilmem- ber Miller stated he will be there as part of the Kiwanis Club activities, and would be happy to serve in that capacity as well. f. Mayor Zeuschner suggested Council review the items sent by the League of California Cities regarding June ballot proposi- tions No. 46, 47, 49, and 51, and lobby in favor of the proposi- tions whenever possible. E-2 CITY ADMINISTRATOR a. Mr. Napper stated the Water Advisory Board requested Council's support of two projects: renting a booth at the Mer- chant's park event to feature conservation tips, etc.: and, to present the first annual "Morro Bay Rain Dance" later this year. MOTION: Councilmember Risley moved Council endorse the Water Advisory Board's scheduled events. The motion was sec- onded by Councilmember Miller and unanimously carried. (5-0) b. Mr. Napper advised SB 2181, a bill designed to reim- burse cities having State parks in their jurisdiction for costs associated with public safety and City services, died in commit- tee last week. C. Mr. Napper requested a closed session on several mat- ters as listed on the agenda. d. Mr. Napper advised Council they have spent almost $200,000 on three (3) street resurfacing projects recently, and suggested this was admirable progress on the part of Council to address our poor street conditions. E-3 CITY ATTORNEY a. Ms. Skousen stated she would be adding the City's name as amicas curiae in the matter of Palmer vs. City of Ojai . She explained this meant the City would be supporting the City of Ojai's case in that they missed a deadline in a permit process and the law states if they don't act within one year, the permit MINUTES - MORRO BA :ITY COUNCIL REGULAR MEETING - APRIL 14, 1986 PAGE 12 is deemed approved. Ojai contends the law circumvents the public hearing process and citizens in the area would be hurt by not al- lowing them the opportunity to be heard on the permit. There would be no cost to the City in supporting this position. b. Ms. Skousen informed the Council she had filed a crimi- nal complaint against Mr. Zinngrabe (the Huntington) for viola- tion of a building permit to force completion of the site drainage requirements. ADJOURNMENT Mayor Zeuschner noted Mr. Lane had made a statement regarding Council's discussion of real estate negotiations in closed ses- sion; he said that at such time Council decides action is recom- mended, the matter would be set for public disclosure and input. Mayor Zeuschner read the closed session announcement noting the Council will be considering litigation, City of Morro Bay V. Theodore S. Brown; real property negotiations, Domenghini prop- erty; and personnel matters. MOTION: Councilmember Risley moved Council adjourn to closed session. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Council adjourned to closed session at 9:45 p.m. and returned to open session at 11:38 p.m. MOTION: Councilmember Sheetz moved Council approve a 5-year em- ployment contract with Gary Napper to include an 8% cost of living adjustment effective April 19, 1986, and authorize the Mayor to execute the contract. The mo- tion was seconded by Councilmember Risley and unani- mously carried. (5-0) MOTION: Councilmember Sheetz moved Council appropriate $873 from FY 85-86 General Fund Contingency Balance to the FY 85-86 Administrative budget to underwrite the re- newal terms of the employment contract for Gary Napper. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) MOTION: Councilmember Sheetz moved Council increase the City Attorney's monthly retainer from $2,000 per month to $3,000 per month effective May 1, 1986 to partially compensate for new office location and overhead ex- penses; and further approve her relocation from City Hall to private offices at 895 Napa, Suite B-6. The motion was seconded by Councilmember Risley and unani- mously carried. (5-0) MINUTES - MORRO BA.'ITY COUNCIL REGULAR MEETING - APRIL 14, 1986 PAGE 13 MOTION: Councilmember Sheetz moved the meeting be adjourned. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) The meeting adjourned at 11:43 p.m. Recorded by: e ARDITH DAVIS Deputy City Clerk