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HomeMy WebLinkAboutCC_1986-05-12 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - MAY 12, 1986 RECREATION HALL - 7:00 P.M. IT ►1�7_1 ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - REVEREND WOODY SHOEMAKER, COAST CHRISTIAN FELLOWSHIP 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 CONCEPT PLAN FOR WORK DOCK AND RELATED FACILITIES, ASSOCIATED PACIFIC, APPLICANT; 460 EMBARCADERO (CASE NO. CUP 35-85; LEASE SITES 50-52W) A-2 CONSIDERATION OF EXPANDED RESIDENTIAL REFUSE SERVICE AND RELATED RATE ADJUSTMENTS, AND RATE INCREASE FOR COMMERCIAL REFUSE SERVICE A-3 APPEAL OF PLANNING COMMISSION'S DENIAL OF NEW SIGN FOR MORRO BAY SELF STORAGE, 1111 ALLESANDRO (CASE NO. CDP 84-83, AMENDED) A-4 PUBLIC HEARING ON WEED ABATEMENT PROTESTS B. UNFINISHED BUSINESS B-1 HARBOR COMMISSION RECOMMENDATION REGARDING COMMERCIAL FISHING SLIP WAIVER POLICY B-2 AGREEMENT WITH LIONS CLUB FOR CONSTRUCTION OF CONCESSION STAND (KEISER PARK) C. NEW BUSINESS C-1 RESOLUTION NO. 43-86 CALLING A GENERAL MUNICIPAL ELECTION C-2 AGREEMENT FOR OPERATION OF SENIOR CENTER, WITH CITY LIABILITY INSURANCE EXTENDED TO INCLUDE CERTAIN SENIOR ACTIVITIES C-3 RESOLUTION NO. 45-86 ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1985-86 C-4 RESOLUTION NO. 40-86 DIRECTING THE INSTALLATION OF FOUR-WAY STOP SIGNS AT THE INTERSECTION OF MAIN STREET AND HARBOR STREET; AND RESOLUTION NO. 41-86 DIRECTING THE INSTALLATION OF TWO-WAY STOP SIGNS ON MARKET AVENUE AT THE INTERSECTION OF HARBOR STREET AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 12, 1986 PAGE TWO D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF APRIL 28, 1986 D-2 RESOLUTION NO. 42-86 DESIGNATING A PORTION OF PRESTON LANE AS A NO - PARKING ZONE D-3 THIRD QUARTER FINANCIAL STATEMENTS D-4 RESOLUTION NO. 44-86 ENDORSING THE ESTABLISHMENT OF AN INDEPENDENT ENVIRONMENTAL RESEARCH CENTER IN MORRO BAY D-5 RESOLUTION NO. 39-86 AMENDING CONSTRUCTION SCHEDULE FOR UNDERGROUND UTILITY DISTRICT NO. 3 D-6 ACCEPTANCE OF PW 85-16 - TIDELANDS PARK FENCE D-7 AWARD OF CONTRACT FOR CONSTRUCTION OF NEW WATER STORAGE TANK AT NUTMEG AVENUE D-8 RESOLUTION NO. 46-86 AWARDING WEED ABATEMENT MOWING, PW 85-21, TO KARLESKINT-CRUM, INC. D-9 CANCELLATION OF BAYSHORE BLUFFS PARK DEDICATION CEREMONIES SCHEDULED FOR JUNE 14, 1986, AND REALLOCATION OF MONIES TO CAPITAL FUND TO COMPLETE UNFINISHED PUBLIC IMPROVEMENTS D-10 PROCLAMATION IN RECOGNITION OF "NATIONAL POLICE WEEK" AND "POLICE MEMORIAL DAY" D-11 PROCLAMATION DECLARING MAY 14, 1986 AS "DAY OF THE TEACHER" E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY CLOSED SESSION 1. GOVERNMENT CODE SECTION 54957.6; LABOR RELATIONS 2. GOVERNMENT CODE SECTION 54956.9(B)(1) F. ADJOURNMENT MINUTES - MORRO REGULAR MEETING RECREATION HALL BAY CITY COUNCIL - MAY 12, 1986 - 7:00 P.M. Mayor Zeuschner called the meeting to order at 7:00 p.m. PnT,T, C AT.T. PRESENT: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Louise Burt Alan Davis Forrest Henderson Mike Multari Nick Nichols Mike Upton Steve Wolter Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Harbor Director Asst. to City Admin. Comm. Development Dir. Public Works Director Administrative Asst. Recreation & Parks Dir. Deputy City Clerk The Pledge of Allegiance was led by Horace Strong; and Woody Shoemaker of the Coast Christian Fellowship gave the invocation. ORAL COMMUNICATIONS 1. Dorothy Cutter suggested Council consider a change of zoning in the area bounded by Olive Street, Main Street, Beach Street and the waterfront. She requested Council and staff review this sensitive area and come up with zoning more appropri- ate than the current Visitor Serving designation. 2. Mary Phillips objected to property owners allowed im- provements in the rights -of -way in front of their property when she was denied an asphalt -covering to park her car on right-of- way. She also said the law states any street coming off of a highway needs to be wider than the other streets in the City (i.e. Hwy. 41 and Ironwood). 3. Howard Gaines stated a street light at Panay and Tide is on all the time, and P.G. & E. should be notified. MINUTES - MORRO BAD 'ITY COUNCIL REGULAR MEETING - MAY 12, 1986 PAGE 2 A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 CONCEPT PLAN FOR WORK DOCK AND RELATED_ FACILITIES, ASSOCI- ATED PACIFIC, APPLICANT; 460 EMBARCADERO (CASE NO. CUP 35- 85; LEASE SITES 50-52W) Mr. Multari advised Council the application was for a new work dock and multi -purpose commercial building in conjunction with existing Associated Pacific uses adjacent to the 51,51W lease site. He reviewed the proposed plan and noted the Harbor Commis- sion and Planning Commission had both approved the plan with con- ditions and limited their recommendation to Phase I of the con- cept plan only. Councilmember Risley asked if there would be additional public access to this site against what now exists. Mr. Multari stated the dock will be open to the public when it is not hazardous be- cause of the activity going on at the site, but most public ac- cess involves Phase II. Councilmember Sheetz asked why the applicant objected to Condi- tion 23 which requires the dock not to be used for an oil crew base and the lease be written to prohibit same. Mr. Multari stated some of the activities currently being conducted by the Lessee are oil -related, and the applicant did not want those eliminated in the future. The Planning Commission believed the existing activities could continue, but did not want the site turned into an oil port -support dock some time in the future. Mayor Zeuschner opened the matter to the public. Reg Whibley, applicant, stated current City plans and laws are strong enough to prohibit the kind of activity the Council and Planning Commission are concerned about regarding oil ports. He did not, however, want unique language written into the lease which at some time could be construed to prohibit only his activ- ities. Currently, his business involves servicing tanker berths off -shore. Mr. Whibley also objected to the sidewalk requirement stating it would waste valuable space on an already small site. Nancy Bast reminded Council Lease Site 51,51W is on temporary lease to the applicant which will be coming up for bid; they should not confuse approving the concept plan with approval of a lease for this site. There was discussion regarding the sidewalk and Mr. Multari stated rather than providing access to the water, it provides public mobility on the Embarcadero. It will be a reoccurring is- sue and condition in the future as lease sites reconstruct or re- model. Mayor Zeuschner suggested trading sidewalk area for extra public access to the shore. MINUTES - MORRO BA} "ITY COUNCIL REGULAR MEETING - MAY 12, 1986 PAGE 3 Council discussed the Condition 23 requirement and decided there were sufficient safeguards in the City LUP and recent ordinances to prohibit this site from becoming an oil port. MOTION: Councilmember Risley moved Council support the proposed CUP for Phase I only and direct staff to prepare the appropriate resolution for the next Council meeting. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) A-2 CONSIDERATION OF EXPANDED RESIDENTIAL REFUSE SERVICE AND RELATED RATE ADJUSTMENTS_ AND RATE INCREASE FOR COMMERCIAL REFUSE SERVICE Mike Upton, Administrative Assistant, reviewed his analysis of the Morro Bay Garbage Service request for rate adjustments and the Refuse Board's consideration and recommendations. The out- come of over a year's review of this matter were several recom- mendations: 1) A standard level of residential service for up to 6 cans at the curb for $5.50 per month; 2) 1-can exception rate of $4.30 for any residential customers generating minimal refuse; and 3) 20% increase in commercial rates. It is proposed these rates be effective June 1, 1986. Mr. Upton compared the proposed rates with other rates in the County; the standard rate would be the second lowest rate in the County, and the 1-can rate would be the lowest in the County. Mayor Zeuschner opened the hearing to the public. Bob DeSomer, Chairman of the Refuse Board, noted the amount of time spent on this issue by the Refuse Board and stated the cur- rent proposal before Council has the unanimous endorsement of the Board. Mary Phillips objected to the monopoly attached to mandatory ser- vice. Howard Gaines objected to having to apply for the 1-can exception service, and expressed concerns regarding the garbage collector's determination of qualifications for this rate. Dale Auth believed the "individual" should decide if one was entitled to 1-can service, not a company. Vernon Richardson was in favor of the proposal as a simpler one than the City currently operates under. Jim Hartzell objected to having to petition the garbage company for 1-can service. Mayor Zeuschner pointed out the 1-can service would not be arbi- trary or dictatorial; anyone can appeal a determination by the Garbage Service to the Refuse Board and the City Council. Councilmember Sheetz pointed out as a result of mandatory garbage service, Morro Bay does not have a litter problem like some other areas. She noted there were only 4 people voicing their opinion against the plan out of some 2,000 people with current 1-can service. MINUTES - MORRO BAI �'ITY COUNCIL REGULAR MEETING - MAY 12, 1986 PAGE 4 Councilmember Risley commended staff and the Refuse Board for their work on this proposal; he felt it impacted the community the least of any proposed. He recommended the last sentence on Exhibit A, "Only permanent residents of Morro Bay are eligible to apply." be eliminated from the Exhibit, allowing anyone to apply for the 1-can service. MOTION: Councilmember Risley moved for adoption of Resolution No. 38-86 deleting the last sentence in Exhibit A. The motion was seconded by Councilmember Miller. Councilmember Kaltenbach asked about the legality of this matter; Ms. Skousen stated the rates have to bear a reasonable relation- ship to the service provided, and Council does have the authority to set rates. There was discussion regarding the qualifications for receiving the 1-can service rate and Mayor Zeuschner stated if an individ- ual has a history of 1-can service, he will be entitled to the rate. Anyone can apply for the special rate and the Garbage Ser- vice will monitor the situation and notify individuals if they are generating more than 1-can of garbage. Councilmember Miller called for the question. The motion was carried with Councilmember Kaltenbach abstaining. (4-0-1) A-3 APPEAL OF PLANNING COMMISSION'S DENIAL OF NEW SIGN FOR MORRO BAY SELF STORAGE, 1111 ALLESANDRO (CASE NO. CDP 84-83, AMENDED) Mr. Multari stated this application for a permanent sign had pre- viously been tabled by Council, however, Council had allowed a temporary sign on the rear of the self -storage building for 90 days while a new building was erected at the rear of the self - storage units. The applicant again petitioned the Planning Com- mission for a permanent sign and the Planning Commission denied the request and the applicant is appealing that denial to Council. There was considerable discussion regarding this issue with Mr. Multari noting the non -conforming signs mentioned by the appli- cant and explaining there may be one that is illegal; he will have to research that matter further. Mayor Zeuschner opened the matter to the public for comments. Mike Cory, applicant, spoke in favor of the appeal and requested Council allow the sign for one year if they were not inclined to grant a permanent permit. He also responded to Council questions regarding clientele and neighbor sentiments. MINUTES - MORRO BAD.. ''ITY COUNCIL REGULAR MEETING - MAY 12, 1986 PAGE 5 Councilmember Kaltenbach stated there is a surplus of self -stor- age buildings already in Morro Bay. MOTION: Councilmember Kaltenbach moved Council uphold the Plan- ning Commission's findings and deny the appeal. The motion was seconded by Mayor Zeuschner. Councilmember Risley felt the sign made the complex better look- ing as long as it was in compliance with the sign ordinance. Councilmember Sheetz felt self -storage units were precious in Morro Bay; she was in favor of granting approval of the sign for a one year period. Councilmember Miller agreed a sign would look better than the blank wall. Mayor Zeuschner felt the applicant might be better off advertis- ing in the newspaper as the sign on the Quintana Road side of the building will be visible to highway traffic and not necessarily local residents who might patronize the self -storage business. He was also concerned because the Council had already granted the applicant an extension on his first sign and wondered how many times Council would be asked to help a new business get started. The motion failed with Councilmembers Miller, Risley and Sheetz voting no. (2-3) MOTION: Councilmember Sheetz moved the application be allowed the signage for a one year period only. The motion was seconded by Councilmember Risley and carried with Coun- cilmember Kaltenbach voting no. (4-1) A-4 PUBLIC HEARING ON WEED ABATEMENT PROCEEDINGS Nick Nichols stated this public hearing is for the purpose of allowing property owners to comment on or appeal the requirement to abate the weeds on their parcels. He stated notices were mailed out to 849 parcels advising owners to abate their weeds during the period May 12 through 29, or the City will accomplish it for them and charge the property owners accordingly. Councilmember Sheetz asked if the City right-of-way was the re- sponsibility of the adjacent property owner or the City. Mr. Nichols stated historically the policy is for the property owner to be held responsible for the right-of-way out to the edge of the improved street. Mayor Zeuschner opened the public hearing. Charles Palmer stated he owns an unimproved lot on Piney Way and thinks the City's program is worthwhile. As there were no appeals, no action was required of Council. MINUTES - MORRO BA1.::ITY COUNCIL REGULAR MEETING - MAY 12, 1986 PAGE 6 B. UNFINISHED BUSINESS B-1 HARBOR COMMISSION RECOMMENDATION REGARDING COMMERCIAL FISH- ING SLIP WAIVER POLICY - Alan Davis stated Council had referred clarification of the com- mercial fishing slip waiver policy with regard to a second waiver to the Harbor Commission. The Commission recommends no changes be made in the existing policy and no additional flexibility be granted from meeting the existing qualification requirements. Mr. Davis recommended Council authorize staff to proceed with qualified eviction proceedings. MOTION: Councilmember Sheetz moved Council authorize staff to proceed with eviction proceedings. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) B-2 AGREEMENT WITH LIONS CLUB FOR CONSTRUCTION OF CONCESSION STAND (KEISER PARK) Steve Wolter stated last June 24, 1985 Council had accepted the proposed donation from the Lions Club of a concession stand to be placed at Keiser Park. Since that time the Lions Club has been discussing the matter and requested the City to develop an oper- ating agreement to guarantee the Lions Club's right for first use of the concession stand for all City -sponsored functions at Keiser Park. The proposed agreement presented for Council con- sideration has been approved by the Lions Club; the project is anticipated to be completed by September 1, 1986 and will cost between $8,000 and $10,000. Councilmember Miller commended the Lions Club on their many dona- tions to the City. MOTION: Councilmember Miller moved Council approve the agree- ment with the Lions Club with deep appreciation and thanks. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Council took a brief recess from 9:05 p.m. to 9:12 p.m. C. NEW BUSINESS C-1 RESOLUTION NO. 43-86 CALLING A GENERAL MUNICIPAL ELECTION Ardith Davis reviewed the upcoming election process and advised Council is being requested to adopt the proposed resolution which calls the election, submits the initiative on the Williams Prop- erty to the voters and sets the ballot wording, makes provisions for rebuttal arguments to direct arguments on the initiative, and requests the County to consolidate the election with the state- wide general election on November 4th. Other actions Council may wish to consider are increasing the wording on Candidates' State- MINUTES - MORRO BA1 CITY COUNCIL REGULAR MEETING - MAY 12, 1986 PAGE 7 ments from 200 to 400 words, requesting the City Attorney to pre- pare an impartial analysis of the initiative, and decide if Coun- cil wishes to determine a tie vote by special election rather than by lot. Councilmember Risley asked how soon the Council would have to de- cide if they wished to place another matter on the ballot. Ms. Davis explained the County would most likely request all items (i.e., ballot wording, measure language, arguments, etc.) in their office by mid -August. If Council wished to place a measure on the ballot, it would need to act fairly soon due to time con- straints in advertising argument deadlines. Council decided to take no action on increasing Candidate's Statement wording, leaving the limit at 200 words; decided not to take action to establish a special election in the event of a tie vote; and requested the question of whether or not Council wished to file an argument against the Williams Property Initiative be placed on the next agenda for determination. MOTION: Mayor Zeuschner moved the City Attorney be authorized to prepare an impartial analysis of this and any other initiative that might appear. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 43-86. The motion was seconded by Council - member Kaltenbach and unanimously carried. (5-0) C-2 AGREEMENT FOR OPERATION OF SENIOR CENTER WITH CITY LIABILITY INSURANCE EXTENDED TO INCLUDE CERTAIN SENIOR ACTIVITIES Mr. Wolter stated the agreement the City had with the Seniors expired April 9, 1986 and since that time they have been operat- ing on a month -to -month basis while staff has been attempting to develop a contract to cover the Seniors for liability insurance. The agreement proposed provides umbrella coverage to all Senior activities, events, and operations excluding transportation. The Senior will establish self -insured funds to protect the City's self -insured deductible of $1 ,000 on claims. Among other items, the Agreement also states the Seniors will provide 400 volunteer hours of service to City programs. Imogene Haidit, President of the Morro Bay Seniors Citizens, Inc., stated their organization is very encouraged by the rela- tionship and cooperation between the City and the Seniors. MOTION: Councilmember Risley moved the agreement be approved. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) MINUTES - MORRO BA1 AITY COUNCIL REGULAR MEETING - MAY 12, 1986 PAGE 8 Councilmember Risley noted the City's support of Senior activi- ties, but stated the City sees a tremendous return on their in- vestment in the many services provided by the Seniors. C-3 RESOLUTION NO. 45-86 ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1985-86 Louise Burt stated the appropriations limit places a limit cap on the annual increase in City spending as established by Proposi- tion 4. The City's current appropriations is over $1 million under the State law limitation. She recommended Council adopt the resolution establishing the appropriations limit for FY 1985- 86. MOTION: Councilmember Risley moved for the adoption of Resolu- tion No. 45-86. The motion was seconded by Council - member Kaltenbach and unanimously carried. (5-0) C-4 RESOLUTION NO. 40-86 DIRECTING THE INSTALLATION OF FOUR-WAY STOP SIGNS AT THE INTERSECTION OF MAIN STREET AND HARBOR STREET; AND RESOLUTION NO. 41-86 DIRECTING THE INSTALLATION OF TWO-WAY STOP SIGNS ON MARKET AVENUE AT THE INTERSECTION OF HARBOR STREET Mr. Nichols reviewed the surveys taken at these two intersections which is the basis for recommending stop signs be installed. Councilmember Miller asked when these stop signs will be in- stalled. Mr. Nichols stated probably within two weeks. Councilmember Kaltenbach stated there is a need for stop signs on Morro Bay Blvd. for cross traffic. Mr. Nichols explained stop signs should not be erected without a proper survey because it could put the City in an adverse liability position if a person had an accident at the intersection and the City could not jus- tify why a stop sign was installed. He also noted these inter- sections would be surveyed as staff work load allows. MOTION: Councilmember Sheetz moved Council adopt Resolutions No. 40-86 and 41-86. The motion was seconded by Coun- cilmember Miller and unanimously carried. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF APRIL 28, 1 9 8 6 Mr. Napper recommended Council approve the minutes as submitted. D-2 RESOLUTION NO. 42-86 DESIGNATING A PORTION OF PRESTON LANE AS A NO -PARKING ZONE Mr. Napper recommended Council adopt Resolution No. 42-86 accord- ingly. MINUTES - MORRO BA1 ::ITY COUNCIL REGULAR MEETING - MAY 12, 1986 PAGE 9 D-3 THIRD QUARTER FINANCIAL STATEMENTS Mr. Napper recommended Council receive the report for file. D-4 RESOLUTION NO. 44-86 ENDORSING THE ESTABLISHMENT OF AN INDE- PENDENT ENVIRONMENTAL RESEARCH CENTER IN MORRO BAY Mr. Napper recommended Council adopt Resolution No. 44-86. D-5 RESOLUTION NO. 39-86 AMENDING CONSTRUCTION SCHEDULE FOR UNDERGROUND UTILITY DISTRICT NO. 3 Mr. Napper recommended Council adopt Resolution No. 39-86. D-6 ACCEPTANCE OF PW 85-16 - TIDELANDS PARK FENCE Mr. Napper recommended Council accept Project No. PW 85-16 as complete and authorize the City Administrator to execute the Notice of Completion. D-7 AWARD OF CONTRACT FOR CONSTRUCTION OF NEW WATER STORAGE TANK AT NUTMEG AVENUE Mr. Napper recommended Council award Project No. PW 85-06 to R. Baker, Inc. in the amount of $241,260.25. D-8 RESOLUTION NO. 46-86 AWARDING WEED ABATEMENT MOWING, PW 85- 21, TO KARLESKINT-CRUM, INC. Mr. Napper recommended Council award Project No. 85-21 to Karleskint-Crum, Inc. subject to the City's inspection and accep- tance of their equipment. D-9 CANCELLATION OF BAYSHORE BLUFFS PARK DEDICATION CEREMONIES SCHEDULED_FOR JUNE 14, 1986, AND REALLOCATION OF MONIES TO CAPITAL FUND TO COMPLETE UNFINISHED PUBLIC IMPROVEMENTS Mr. Napper recommended Council cancel the Bayshore Bluffs park dedication ceremony, and re -allocate the $1,352 dedication monies to a capital project fund for possible completion of the public improvements by the City. D-10 PROCLAMATION IN RECOGNITION OF "NATIONAL POLICE WEEK" AND "POLICE MEMORIAL DAY" Mr. Napper recommended Council authorize the Mayor to sign the proclamation and order flags to half-mast on May 15th. D-11 PROCLAMATION DECLARING MAY 14, 1986 AS "DAY OF THE TEACHER" Mr. Napper recommended Council authorize the Mayor to sign the proclamation. MINUTES - MORRO BA1 CITY COUNCIL REGULAR MEETING - MAY 12, 1986 PAGE 10 Items D-4, D-5, and D-9 were pulled from the Consent Calendar by Councilmembers for separate discussion. MOTION: Councilmember Risley moved for the approval of the Con- sent Calendar with the exception of Items D-4, D-5, and D-9. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) D-4 RESOLUTION NO. 44-86 ENDORSING THE ESTABLISHMENT OF AN INDE- PENDENT ENVIRONMENTAL RESEARCH CENTER IN MORRO BAY Councilmember Risley stated he was in favor of the Resolution as it has the effect of putting the City as a leader in the situa- tion instead of being reactionary. Councilmember Miller was concerned about how the City was going to select someone to run a program of this nature if City monies were going to be allocated. He felt the bid process should be followed and asked Mr. Napper if other people besides Dr. Read had expressed an interest in participating in this study. Mr. Napper stated the proposed resolution is generic in nature and does not refer to Dr. Read's proposal. He noted one of the things the City could consider donating to this program is an in - lieu contribution in the form of office space on the Embarcadero. This was mentioned when discussing Associated Divers concept plan earlier this evening. He noted a $5,000 expenditure is the limit for expending City funds without going to bid. Mayor Zeuschner noted Council could allocate monies under the "Aid to Other Agencies'portion of the budget, and Mr. Napper said this was possible, however, he could not recall the City having awarded funds under this category amounting to more than $5,000. He indicated he would look into the law on this in light of the fact the research center will be a non-profit organiza- tion. Louise Burt stated if the City was buying a service, it would have to fall under the State law purchasing requirements. Mr. Napper stated he had received 4 other unsolicited requests from individuals or firms interested in performing a bay ecologi- cal study for the City. Councilmember Risley emphasized the research center was to be in- dependent from governmental influence. MOTION: Mayor Zeuschner moved for the adoption of Resolution No. 44-86. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) MINUTES - MORRO BAi <.'ITY COUNCIL REGULAR MEETING- MAY 12, 1986 PAGE 11 D-5 RESOLUTION NO. 39-86 AMENDING CONSTRUCTION SCHEDULE FOR UNDERGROUND UTILITY DISTRICT NO. 3 Councilmember Sheetz was concerned the undergrounding would interfere with the October Harbor Festival. Staff was directed to request that P.G.&E. not begin construction until after October 7th. MOTION: Councilmember Risley moved for the adoption of Resolu- tion No. 39-86 with the request that construction not begin until after the October 1986 Harbor Festival. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) D-9 CANCELLATION OF BAYSHORE BLUFFS PARK DEDICATION CEREMONIES SCHEDULED FOR JUNE 14 1986 AND REALLOCATION OF MONIES TO CAPITAL FUND TO COMPLETE UNFINISHED PUBLIC IMPROVEMENTS Councilmember Kaltenbach asked if the people who took over after the filing of bankruptcy should be responsible for the improve- ments. Judy Skousen stated presently there are no funds to com- plete the public improvements, and from a liability standpoint, the City should use the bond money from the proj ect to make the improvements since it does not know when funds will be available from the bankruptcy or receivorship proceedings. MOTION: Councilmember Sheetz moved Council cancel the Bayshore Bluffs park dedication ceremony, and re -allocate the $1,352 dedication monies to a capital project fund for possible completion of the public improvements by the City. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL a. Councilmember Miller stated he will not be at the next Council meeting and is not sure if he will be able to attend the League of California Cities conference in Tahoe. b. Councilmember Kaltenbach circulated his letter addressed to the City Administrator requesting any available data concerning water loss used as a basis for the water pipe replace- ment program. He also requested the subject of future water acquisition be placed on the next agenda for discussion and pub- lic input. Councilmember Sheetz thought the matter on water acquisition could be discussed when Council reviewed the FY 86-87 Budget, but Councilmember Kaltenbach thought the possibility of San Bernardo Creek dam might be an item Council would want to place on the ballot at the November 1986 election. MINUTES - MORRO BA'< ITY COUNCIL REGULAR MEETING - MAY 12, 1986 PAGE 12 Mayor Zeuschner directed the matter be placed on the next agenda as a report on the Water Symposium meeting to be conducted by the Chamber of Commerce this week. C. Councilmember Risley reported on the sales of the Har- bor Festival posters at the Merchants in the Park event on May 4th. d. Councilmember Sheetz reported on a League of California Cities conference she had attended in San Diego on Community Services. E-2 CITY ADMINISTRATOR a. Mr. Napper advised Council there will be a news confer- ence regarding the June ballot propositions on Monday, May 19th at 9:30 a.m. on the steps of the County Government Center. County and city officials will be present to given their views on the ballot propositions affecting government. He asked if any Councilmembers wished to represent the City; Mayor Zeuschner stated he would be there. b. Mr. Napper asked Councilmembers how they wished him to respond to Councilmember Kaltenbach's request for information on the loss of water through waterpipes. He reminded Council their previous direction on this issue was to defer any research on why the program had been instituted and instead concentrate on trying to obtain new water; hence, his request for specific direction. He also reminded Council the Water Allocation Model does not require the Council to allocate water under this program and noted staff had previously recommended Council not allocate any water equivalencies through the program last December 1985, and would probably be making the recommendation again in July 1986. Councilmember Sheetz asked Councilmember Kaltenbach if Brown and Caldwell were asked to submit the information requested, would he accept it; Councilmember Kaltenbach responded that he would. Mayor Zeuschner suggested Mr. Napper contact Brown and Caldwell requesting the information and if there is substantial amount of money involved to research the matter, they contact the City prior to conducting the research. Council concurred in the direction. E-3 CITY ATTORNEY a. Judy Skousen reported on her recent attendance at a League of California Cities meeting for City Attorneys in Palm Springs. MINUTES - MORRO BA`_ _'ITY COUNCIL REGULAR MEETING - MAY 12, 1986 PAGE 13 F. ADJOURNMENT MOTION: Councilmember Sheetz moved the meeting adjourn to closed session. The motion was seconded by Council - member Kaltenbach and unanimously carried. (5-0) Mayor Zeuschner announced Council was adjourning to closed ses- sion in accordance with Government Code Section 54957.6, Labor Relations; and Section 54956.9(b)(1). The meeting adjourned to closed session at 10:40 p.m. and re- turned to regular session at 11:26 p.m. MOTION: Councilmember Sheetz moved the meeting be adjourned. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) The meeting adjourned at 11:27 p.m. Recorded by: ��_Z_�4 Aa_.1_e6 Ardith Davis Deputy City Clerk