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HomeMy WebLinkAboutCC_1986-06-23 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 23, 1986 AGENDA RECREATION HALL - 7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - ORAL COMMUNICATIONS - Members of the audience wishing to address the Council on matters other than scheduled hearing items may do so when recog- nized by the Mayor, by standing and stating their name and address. Com- ments should normally be limited to three minutes. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON RESOLUTION NO. 63-86 ESTABLISHING FY 86-87 WATER RATE SCHEDULE INCREASE A-2 PUBLIC HEARING ON RESOLUTION NO. 64-86 ESTABLISHING FY 86-87 SEWER RATE SCHEDULE INCREASE A-3 PUBLIC HEARING ON RESOLUTION NO. 61-86 ADOPTING THE FY 86-87 MASTER FEE SCHEDULE A-4 PUBLIC HEARING ON RESOLUTION NO. 62-86 ADOPTING FY 86-87 CITY BUDGET A-5 PUBLIC HEARING ON PLANNING COMMISSION DENIAL OF VAR 09-86, A VARIANCE TO ALLOW A MOBILE HOME AS AN ADDITION TO AN EXISTING NON -CONFORMING RESTAURANT (GENE STANLEY, APPLICANT) A-6 WATER RETROFIT STATUS REPORT, AND RECOMMENDATION FOR REMAINDER OF CALENDAR YEAR 1986 A-7 PUBLIC HEARING ON RESOLUTION NO. 59-86 PLACING A CITY MEASURE ON NOVEMBER 1986 MUNICIPAL ELECTION REGARDING PROHIBITION OF ONSHORE OIL SUPPORT FACILITIES A-8 CONSIDERATION OF RESOLUTION NO. 57-86 ESTABLISHING AN INTERIM LEASE AGREEMENT FOR LEASE SITES 96-96W (WHALE'S TAIL RESTAURANT) B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 286 AMENDING THE MUNICIPAL CODE TO INCREASE MAYOR/ COUNCILMEMBERS' COMPENSATION B-2 RESOLUTION NO. 65-86 REGARDING PUBLIC AMENITIES AND IMPROVEMENTS ON CUP, EMBARCADERO INN (BIAGGINI) B-3 COUNCIL APPOINTMENTS TO TIDELANDS PARK DESIGN COMMITTEE AGENDA - MORRO BAY CITY )UNCIL REGULAR MEETING - JUNE �3, 1986 PAGE 2 C. NEW BUSINESS C-1 REFUSE FRANCHISE BOARD REQUEST FOR CLARIFICATION ON REFUSE RATE STRUCTURE (PULLED) C-2 HARBOR COMMISSION RECOMMENDATION REGARDING DREDGING ADJACENT TO LEASE SITE 113W (VIRG'S DOCK AND BAIT TANKS) C-3 AWARD OF FY 86-87 COMMUNITY PROMOTIONS/VISITOR SERVICES BUREAU CONTRACT C-4 RESOLUTION NO. 56-86 AMENDING THE MOU BETWEEN CITY AND MISCELLANEOUS EMPLOYEES D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FOR THE ADJOURNED REGULAR MEETINGS OF JUNE 2, 3, 4, AND 5, 1986, AND THE REGULAR MEETING OF JUNE 9, 1986 D-2 NOTICE OF COMPLETION OF PROJECT NO. PW 85-20; QUINTANA ROAD RESURFAC- ING PROJECT D-3 RESOLUTION NO. 61-86 APPROVING AGREEMENT FOR ANIMAL CONTROL SERVICES WITH COUNTY OF SAN LUIS OBISPO D-4 DENIAL OF LIABILITY CLAIM AGAINST CITY (KING) D-5 SET DATE FOR STUDY SESSION; CITY TRAFFIC CIRCULATION ELEMENT D-6 COMMUNITY PROMOTIONS COMMITTEE RECOMMENDATION FOR CITY MEMBERSHIP IN MUSIC CENTER EDUCATION DIVISION FOR PERFORMING ARTS D-7 RESOLUTION NO. 66-86 COMMENDING MICHAEL MULTARI FOR HIS SERVICES TO THE CITY UPON LEAVING EMPLOYMENT D-8 RESOLUTION NO. 58-86 COMMENDING JIM FUNK FOR HIS SERVICES TO THE CITY UPON LEAVING EMPLOYMENT D-9 RESOLUTION NO. 60-86 RECOGNIZING AND CONGRATULATING THE CITY OF ARROYO GRANDE ON THE 7TH ANNIVERSARY OF ITS INCORPORATION D-10 EXPENDITURE REPORT - MAY 1986 D-11 STATEMENT OF INVESTMENTS - MAY 1986 D-12 CHAMBER OF COMMERCE REPORT - MAY 1986 D-13 ESTABLISHMENT OF PUBLIC USE HOURS IN CITY PARKS AGENDA - MORRO BAY CITY JUNCIL - REGULAR MEETING - JUNE 23, 1986 PAGE 3 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(B)(1): EXPOSURE TO LITIGATION F. ADJOURNMENT: TO JUNE 26, 1986, 4 PM MEETING WITH SAN LUIS OBISPO CITY COUNCIL, LIBRARY COMMUNITY ROOM MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 23, 1986 RECREATION HALL - 7:00 P.M. Mayor Pro Tem Sheetz called the meeting to order at 7:00 p.m. Pr)T.T. C'AT.T. PRESENT: Rose Marie Sheetz Ray Kaltenbach Jim Miller Bruce Risley ABSENT: Bud Zeuschner STAFF: Gary Napper Judy Skousen Louise Burt George Carpenter Alan Davis Forrest Henderson Mike Multari Steve Wolter Ardith Davis Mayor Pro Tem Councilmember Councilmember Councilmember Mayor City Administrator City Attorney Finance Director Police Lt. Harbor Director Asst. to City Admin. Comm. Development Dir. Recreation & Parks Dir. Deputy City Clerk Horace Strong led the Pledge of Allegiance, Reverend Charles Erickson of St. Peter's Episcopal Church gave the invocation. ORAL COMMUNICATIONS None A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON RESOLUTION NO. 63-86_ESTABLISHING FY 86-87 WATER RATE SCHEDULE INCREASE Louise Burt reviewed the revised schedule noting increases were reflected by adding 3 more tiers to the schedule for higher user categories. Also increased is the availability or hook-up fee for water from $1 , 500 to $2, 500. Mr. Napper reminded Council since the City is not allocating any water under the pipeline replacement program, there will be no fiscal impact on raising the availability fee. He also stated staff will bring back an amendment to the Budget at the next meeting with recommendations for water projects based on in- creased revenues from extending the water rates tiers for high user categories. Councilmember Risley asked how much revenue will be raised from the expanded rates; Ms. Burt stated approximately $45,000. He MINUTES - MORRO BA'_ITY COUNCIL — REGULAR MEETING - JUNE 23, 1986 PAGE 2 also asked how many water users will be affected by the increase and she stated only 100 - the heavy water users. Mayor Pro Tem Sheetz opened the hearing to the public. Phil Persons spoke for preference of a City-wide increase. He said single family residences use the greatest volume of water and should also pay for the capital projects. Charles Palmer noted there are high users of water in the single family cate- gory, and suggested focus on this category of user as well as the commercial user. Carl Rock suggested passing the costs of water on to the motels and restaurants so they can pass it on to tourists visiting Morro Bay. He also noted the businesses in town get a tax break on their water and sewer bills because these utilities are necessary to run their business; there is a 30o IRS business -expense deduc- tion allowed. Howard Gaines charged the sewer tax was discriminatory in that it schedules a special rate for commercial users; he also stated the City was in violation of Proposition 13 by creating a special tax. Grace Melton stated the Water Advisory Committee had made no rec- ommendation on the rate increase due to a lack of data. Tom Wuriu of the Water Advisory Committee reminded Council they are charged with providing services at the lowest possible costs to the citizens; Morro Bay has one of the highest rates on the Cen- tral Coastal and one of the lowest income levels. John Lemons stated the amount of revenue derived from this in- crease ( $45, 000 ) will not garner much for capital projects. He felt the increase should be across the board noting some of the low water users were those who own vacation homes in Morro Bay who could probably well afford a rate increase. Ed McCracken stated a number of water meters are old and should be replaced; the City would probably gain a significant amount of revenue from correct readings to affect this rate hike. MOTION: Councilmember Risley moved the hearing be closed to the public. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) Councilmember Miller felt all should share in the increase and in the cost of the sewer problems. Councilmember Risley discussed the lifeline rate for the low water user and the increased rates for heavy water users to encourage conservation. He stated he is in favor of the proposed resolution that staff was directed to prepare. Mr. Napper explained the City already has a balanced budget with- out these revenue increases. The increased water rates were to MINUTES - MORRO BA —CITY COUNCIL REGULAR MEETING - JUNE 23, 1986 PAGE 3 establish more funds for capital projects; and the increased sewer rates are to pay for the recent chlorination order by the EPA. Mayor Pro Tem Sheetz did not consider the proposal necessarily an increase; it is more of a realignment of the existing schedule by adding tiers to the schedule. MOTION: Councilmember Risley moved for the adoption of Resolu- tion No. 63-86. The motion was seconded by Council - member Kaltenbach and unanimously carried by the fol- lowing roll call vote: AYES: Kaltenbach, Risley, Sheetz NOES: Miller A-2 PUBLIC HEARING ON RESOLUTION NO. 64-86 ESTABLISHING FY 86-87 SEWER RATE SCHEDULE INCREASE Mayor Pro Tem Sheetz noted most of the public hearing on this item had been taken care of during the previous hearing and asked if there was any further input. Howard Gaines asked a question regarding a "special rate" in the sewer schedule; Ms. Burt re- sponded that component had been removed several years ago. MOTION: Councilmember Risley moved for the adoption of Resolu- tion No. 64-86. The motion was seconded by Council - member Kaltenbach. It was noted the Resolution needed to be corrected to indicate the rates are bi-monthly. There was discussion regarding the EPA order to chlorinate with Councilmember Kaltenbach favoring ignor- ing the order. Mr. Napper stated Council had approved, along with the Cayucos Sanitary District Board of Directors, on June 19th to comply with the order. The motion carried on the following roll call vote: AYES: Miller, Risley, Sheetz NOES: None ABSTAIN: Kaltenbach Mayor Pro Tem Sheetz questioned the propriety of using absten- tions, and Mr. Napper stated they were generally used for a con- flict of interest. Councilmember Kaltenbach stated he was ab- staining from the motion because he did not feel the City should be required to comply with an order of this nature when it has not been proven the City is responsible for the pollution. MINUTES - MORRO BA'—;:ITY COUNCIL REGULAR MEETING - JUNE 23, 1986 PAGE 4 A-3 PUBLIC HEARING ON RESOLUTION NO. 61-86 ADOPTING THE FY 86-87 MASTER FEE SCHEDULE Mr. Napper explained the schedule reflects the City's actual costs for the various fee services provided; the fees are not taxes. Mayor Pro Tem Sheetz opened the matter to the public for com- ments; there were no comments. MOTION: Councilmember Kaltenbach moved for the adoption of Res- olution No. 61-86. The motion was seconded by Coun- cilmember Risley and unanimously carried. (5-0) A-4 PUBLIC HEARING ON RESOLUTION NO. 62-86 ADOPTING FY 86-87 BUDGET Mr. Napper reviewed this matter noting this is the first time in recent years the City will begin the fiscal year with a balanced budget; there is no annual deficit, but an annual surplus of ap- proximately $9,600. Councilmember Kaltenbach stated he had received a comment ques- tioning the deletion of the City's past contributions to the San Luis Obispo Narcotics Task Force. Lt. Carpenter said there are 2 other cities in the County not contributing to this program. Morro Bay Police Department feels the City is not getting the best amount of service for the dollars they are already con- tributing to the regional program. Mr. Napper stated this year's contribution to the Task Force is $12,000; with the new fiscal year's request, it would raise it to $21,000. Staff felt this amount might be better spent locally. Councilmember Miller disagreed with the deletion of this program. He feels Morro Bay has a problem with narcotics and the program is definitely needed. Mayor Pro Tem Sheetz opened the matter to the public for comments. Robert Lane objected to Council's deletion of the additional Police Officer. Charles Palmer, representing Enterprise Engineering, stated he had presented Council a proposal for a water management plan. He assumes Council has rejected the proposal since it has not been included in the FY 86-87 Budget. He criticized the City for the way they manage their water and sewer systems. Carl Rock spoke in favor of the police officer position, as did John Lemons. Mr. Lemons also questioned the amount of money the Council allocated last year for water capital improvements. MINUTES - MORRO BA':—ITY COUNCIL — REGULAR MEETING - JUNE 23, 1986 PAGE 5 Mr. Napper reviewed some of the water activities the City is in- volved in, including using general funds to set up reimbursement of the loan for the water pipeline replacement program. Mr. Lemons also objected to compensation of the Harbor Commis- sion; he felt the matter should be on the ballot for the people to decide. Warren Dorn also opposed compensation of the Harbor Commission. MOTION: Councilmember Miller moved the public hearing be closed. The motion was seconded by Councilmember Risley and unanimously carried. (4-0) MOTION: Councilmember Risley moved for the adoption of Resolu- tion No. 62-86. The motion was seconded by Council - member Kaltenbach. Councilmember Risley stated the budget shows a high level of so- phistication on the part of staff to arrive at a balance of nu- merous City needs. He noted the budget contains a number of com- promises on the part of Council, and stated he did not vote in favor of the additional police officer at this time because the department currently has 2 vacancies which have not been filled. He would like to see how the department operates when they are fully staffed before approving an additional officer. Councilmember Miller noted the Police Department is running 3 em- ployees short right now, and have not had a full complement since 1983. He questioned why the department is unable to hold people and why they are unable to acquire people. Councilmember Kaltenbach stated he is in favor of the additional police officer. The motion was unanimously carried by roll call vote. (4-0) A-5 PUBLIC HEARING ON PLANNING COMMISSION DENIAL OF VAR 09-86, A VARIANCE TO ALLOW A MOBILE HOME AS AN ADDITION TO AN EXIST- ING NON -CONFORMING RESTAURANT (GENE STANLEY, APPLICANT) Mr. Multari reviewed this appeal from the Planning Commission's denial to allow a mobile home as an addition to an existing non- conforming restaurant. The Planning Commission denied the re- quest because it violates the policies of the General Plan and the Local Coastal Program; they also felt it would create an un- wanted precedent. Mr. Multari noted the applicant has an option to buy the property, but does not want to invest in permanent im- provements until he actually purchases the property. Mayor Pro Tem Sheetz opened the hearing to the public; there were no comments. MINUTES - MORRO BA:ITY COUNCIL REGULAR MEETING - JUNE 23, 1986 PAGE 6 MOTION: Councilmember Risley moved the Planning Commission de- cision be upheld and the appeal denied. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) Council recessed from 8:56 p.m. to 9:07 p.m. A-6 WATER RETROFIT STATUS REPORT, AND RECOMMENDATION FOR REMAIN- DER OF CALENDAR YEAR 1986 Mr. Multari explained the theory of the retrofit program which allows a building to acquire water equivalencies by retrofitting existing residences which, in theory, saves water. He stated in no way should this be viewed as a solution to the City's water problems; it is another way of conserving water. He explained the history of the City's program and noted there is insufficient experience data available at this time to make a determination as to whether the program actually saves water, although indications are that it does. Staff is recommending Council not approve any new applications at this time, and further analyze data on the current program as it becomes available. Mr. Multari noted the Planning Commission adopted the staff recommendation except recommended the City con- tinue to accept applications until the Measure F limits are reached. The Water Advisory Committee concurred in the staff recommendation, but recommended the program be continued into 1987 under the limits of Measure F. They also recommended all retrofit permits not acted on within 6 months be void. Councilmember Risley asked about the Water Advisory Committee's second recommendation to adjust the formulas to maintain a two - to -one ratio on equivalencies. Mr. Multari explained the Commit- tee's viewpoint. Mayor Pro Tem Sheetz opened the hearing to the public. Dale Reddell, Ron Pierce, Grace Melton, Jean Cartwright, John Lemons, Barbara Sanders, Dan Reddell, and Bob Ward spoke in sup- port of the retrofit program. Comments were also heard from Charles Palmer, Carl Rock, Howard Gaines, Ted Lanza, and Nelson Sullivan. There was discussion regarding the help retrofitting was providing to those unable to pay for the fixtures themselves; and comments on how construction in Morro Bay was becoming cost - prohibitive MOTION: Councilmember Kaltenbach moved the hearing be closed to the public. The motion was seconded by Councilmember Risley and unanimously carried. (4-0) Councilmember Kaltenbach objected to the retrofit program because it has not been proven it saves water. Councilmember Risley be- lieved the retrofit program has outlived itself and did not think any substantial information would be forthcoming in 6 months MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - JUNE 23, 1986 PAGE 7 time; the program would have to be evaluated for a longer period of time. Councilmember Miller was in favor of allowing the 8 applications currently on file to proceed through the retrofit program. Mayor Pro Tem Sheetz did not favor charging retrofit applicants a fee on top of having to pay for retrofitting residences. She was in favor of continuing the program through the end of the calen- dar year. MOTION: Councilmember Risley moved for approval of allowing retrofit applications under the guidelines of Measure F for calendar year 1986. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) MOTION: Councilmember Risley moved all retrofits not acted upon within 6 months be void. The motion was seconded by Councilmember Kaltenbach. There was discussion on the motion as to when the 6-month time - period begins. Councilmember Risley amended his to motion include, starting July 1, 1986. Councilmember Kaltenbach ac- cepted the amendment and the motion was unanimously carried. (4-0) MOTION: Councilmember Kaltenbach moved to put a cap on the retrofit program for 1 1/2 years. The motion was sec- onded by Councilmember Risley and failed on the follow- ing roll call vote: AYES: Kaltenbach, Risley NOES: Miller, Sheetz MOTION: Mayor Pro Tem Sheetz moved to put a cap on the retrofit program until the end of the year and take a look at it then. The motion was seconded by Councilmember Miller. Mr. Napper asked if the intent of the motion was not to accept any retrofit applications for 1987 until after December 31, 1986; Council replied in the affirmative. The motion was unanimously carried by roll call vote. (4-0) A-7 PUBLIC HEARING ON RESOLUTION NO. 59-86 PLACING A CITY MEA- SURE ON NOV_EMBER 1986 MUNICIPAL ELECTION REGARDING PROHIBI- TION OF ONSHORE OIL SUPPORT FACILITIES Mr. Napper reviewed this matter stating Council must decide if this matter should go before the electorate, determine the ballot MINUTES - MORRO BA'� ITY COUNCIL REGULAR MEETING - JUNE 23, 1986 PAGE 8 wording, and whether or not Council wishes to write the argument in favor of the measure. Judy Skousen reviewed the ordinance stating she had attempted to follow the intent of the original initiative, but avoid the legal problems. She made some technical changes in the initiative for Council approval. Mayor Pro Tem Sheetz opened the hearing to the public. Robert Lane felt Council was turning this into a complicated, ex- pensive procedure, and that the number of findings cited in the measure just give the oil companies more to attack. Peter Diffley felt the initiative ordinance was good, however, if Coun- cil felt the ordinance drafted by the City Attorney would keep the City out of serious lawsuits, then they should place it on the ballot. Howard Gaines felt the will of the people should stand. Warren Dorn complimented the City Attorney on her drafting of the ordi- nance and felt it should be used as a model for other cities. Randy Ruff suggested a sentence be added noting this ordinance has the same intent as the original initiative. MOTION: Councilmember Risley moved to close the public hearing. The motion was seconded by Councilmember Miller and unanimously carried. (4-0) Councilmember Kaltenbach did not feel it was necessary to place this ordinance before the people; any ordinance the City adopts on oil support facilities is going to be challenged in court by the oil companies. Councilmember Risley stated he initially thought the initiative was sufficient, however, after reviewing the draft by the City Attorney, he feels it should be placed on the ballot. MOTION: Mayor Pro Tem Sheetz moved for the adoption of Resolu- tion No. 59-86. The motion was seconded by Councilmem- ber Risley and carried on the following roll call vote: AYES: Miller, Risley, Sheetz NOES: Kaltenbach MOTION: Councilmember Risley moved City Council prepare the ar- gument in favor of the measure. The motion was sec- onded by Mayor Pro Tem Sheetz and carried with Coun- cilmember Kaltenbach voting no. (3-1) Council recessed from 11:15 p.m. to 11:20 p.m. MINUTES - MORRO BA'_`ITY COUNCIL REGULAR MEETING - JUNE 23, 1986 PAGE 9 A-8 CONSIDERATION OF RESOLUTION NO. 57-86 ESTABLISHING AN IN- TERIM LEASE AGREEMENT FOR LEASE SITES 96-96W (WHALE'S TAIL RESTAURANT) Mr. Napper explained this lease expires on June 30, 1986. The City Attorney is still in the process of revising the City's Mas- ter Lease document, and therefore the request is to establish an interim lease with the existing Lessees, Alvin and Norma Hall. Mayor Pro Tem Sheetz opened the hearing to the public; there were no comments. MOTION® Councilmember Risley moved for the adoption of Resolu- tion No. 57-86. The motion was seconded by Councilmem- ber Miller and unanimously carried. (4-0) B. UNFINISHED BUSINESS B-1 _ORDINANCE NO. 286 AMENDING THE MUNICIPAL CODE TO INCREASE MAYOR/COUNCILMEMBERS' COMPENSATION (PULLED) Mr. Napper stated due to various technicalities, this item has been pulled and will be rescheduled for first reading on July 1 4th . B-2 RESOLUTION NO. 65-86 REGARDING PUBLIC AMENITIES AND IMPROVE- MENTS ON CUP, EMBARCADERO INN (BIAGGINI) Mr. Napper reviewed the complications involved in this develop- ment; he stated the only remaining issue is the stairway, and the City is not inclined to accept liability for the stairway. He stated Mr. Biaggini is willing to bond himself for the view plat- form costs in the amount of $8,800; pay the parking lot design fees in the amount of $750; and bond for $6,200 for the stairway. He has signed a deed restriction for public access on the stair- way, and his insurance company has agreed to name the City of Morro Bay as additional insured on his policy. There was lengthy discussion on this matter, with Councilmember Risley unwilling to approve the matter until the stairway is ac- tually built. Ms. Skousen advised Council the deed restriction was signed, and insuring the City agreed to by the applicant only on condition that Council approve these items this evening so that Mr. Biaggini can be issued a occupancy permit. She noted she has been in contact with the Coastal Commission and it is ac- ceptable to them to allow Mr. Biaggini to post a bond so long as the City is in agreement. Mr. Napper stated the bond is 30% over the actual construction costs. Sharon Garrett, attorney for Mr. Biaggini, stated the signing of the deed restriction and agreement to insure the City was given on condition Mr. Biaggini is allowed to open this week. It is her opinion the City cannot require Mr. Biaggini to assume lia- bility of the stairway. If the City does not allow Mr. Biaggini MINUTES - MORRO BA_Z:ITY COUNCIL REGULAR MEETING - JUNE 23, 1986 PAGE 10 to open his motel in accordance with the conditions negotiated by staff, the concessions allowed by Mr. Biaggini will be withdrawn. There was discussion regarding how soon the stairway could be built, and Mr. Biaggini stated actual construction takes only 2 to 3 days; however, he does not know how soon he can get a con- tractor to begin. MOTION: Councilmember Miller moved Council adopt the conditions as proposed by staff (Resolution No. 65-86), with an occupancy permit be issued to the motel including an estimate from the contractor of the start time of the stairway construction. The motion was seconded by Mayor Pro Tem Sheetz; the actual vote was 2-1 -1 , with Councilmember Kaltenbach voting no, and Councilmember Risley abstaining. (2-1-1) There was question as to passage of the motion; the matter was temporarily tabled to allow research on the subject. B-3 COUNCIL APPOINTMENTS TO THE TIDELANDS PARK DESIGN COMMITTEE Mr. Napper advised Council the Harbor Commission has nominated Jeff O'Dell and Jody Giannini to serve on this committee, and the Recreation and Parks Commission has selected Jim Hartzel and Bert Griffen or Paula Daillak; they were not sure Mr. Griffen quali- fied for the committee based on his ex-officio status. MOTION: Councilmember Risley moved a task force, committee be accepted with Harbor Commissioners Jeff O'Dell and Jody Giannini; Recreation and Parks Commissioners Jim Hartzel and Bert Griffen; and community representatives Dawn Dunlap, Margaret Foster, and Bernie Melvin nomi- nated to serve. The motion was seconded by Council - member Sheetz and unanimously carried. (4-0) C. NEW BUSINESS C-1 REFUSE FRANCHISE BOARD REQUEST FOR CLARIFICATION ON REFUSE RATE STRUCTURE (PULLED) This matter was pulled and will be scheduled for the next meeting. C-2 HARBOR COMMISSION RECOMMENDATION REGARDING DREDGING ADJACENT TO LEASE SITE 113W (VIRG'S DOCK AND BAIT TANKS) Alan Davis stated at the request of Mike Fitzsimmons, Lessee on Lease Site 113W, the Harbor Commission is recommending Council direct staff to investigate and alleviate the problem of the sand hump near Lease Site 113W. Mr. Fitzsimmons stated the hump is making his site unusable and feels it is the City's responsibil- ity to correct the problem. MINUTES - MORRO BA ITY COUNCIL REGULAR MEETING - JUNE 23, 1986 PAGE 11 Mayor Pro Tem Sheetz suggested the Harbor Commission form a sub- committee and investigate and make recommendations regarding the situation. She noted Council had appointed 7 commissioners for this very reason. MOTION: Mayor Pro Tem Sheetz moved the Harbor Commission be di- rected to appoint a sub -committee to investigate and make recommendations regarding what action should be taken and how it should be accomplished. The motion was seconded by Councilmember Miller and unanimously carried. (4-0) C-3 AWARD OF FY 86-87 COMMUNITY PROMOTIONS/VISITOR SERVICES BUREAU CONTRACT - Mr. Henderson reviewed this item noting the only bid received was from the Morro Bay Chamber of Commerce in the amount of $21 , 000. He recommended Council award the bid to the Chamber of Commerce. Chris Thompson, Chamber Manager, noted the number of weekly hours the Chamber would be open (50.5) and stated this can be accom- plished Monday through Saturday; the Chamber will be closed on Sunday. MOTION: Mayor Pro Tem Sheetz moved the FY 86-87 Visitor -Ser- vices Information Contract be awarded to the Morro Bay Chamber of Commerce in an amount not to exceed $21,000; and that they be allowed to close their offices on Sun- day. The motion was seconded by Councilmember Risley and unanimously carried. (4-0) C-4 RESOLUTION NO. 56-86 AMENDING THE MOU BETWEEN CITY AND MIS - EMPLOYEES Mr. Henderson reviewed this matter noting the amendment allows employees to accrue a maximum of 24 hours comp time off. MOTION: Councilmember Risley moved for adoption of Resolution No. 56-86. The motion was seconded by Councilmember Miller and unanimously carried. (4-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FOR THE ADJOURNED REGULAR MEETINGS OF JUNE 2, 3, 4L AND 5, 1986, AND THE REGULAR MEETING OF JUNE 9L_1986 Mr. Napper recommended Council approve the minutes as submitted. MINUTES - MORRO BA :"ITY COUNCIL REGULAR MEETING - JUNE 23, 1986 PAGE 12 D-2 NOTICE OF COMPLETION OF PROJECT NO. PW 85-20; QUINTANA ROAD RESURFACING PROJECT Mr. Napper recommended Council accept Project No. PW 85-20 as complete and authorize the City Administrator to sign and record the Notice of Completion. D-3 RESOLUTION NO. 61-86 APPROVING AGREEMENT FOR ANIMAL CONTROL SERVICES WITH COUNTY OF SAN LUIS OBISPO Mr. Napper recommended Council adopt Resolution No. 61-86. D-4 DENIAL OF LIABILITY CLAIM AGAINST CITY (KING) Mr. Napper recommended Council reject the claim and authorize the City Clerk to send the denial notice. D-5 SET DATE FOR STUDY SESSION; CITY TRAFFIC CIRCULATION ELEMENT Mr. Napper recommended Council set June 30, 1986 at 7:00 p.m. in the Recreation Hall for the study session; and invite the Plan- ning and Harbor Commissions. D-6 COMMUNITY PROMOTIONS COMMITTEE RECOMMENDATION FOR CITY MEM- BERSHIP IN MUSIC CENTER EDUCATION DIVISION FOR PERFORMING ARTS Mr. Napper recommended Council appropriate $500 from the FY 85-86 Community Promotions Budget for membership in the LA Music Center Education Division. D-7 RESOLUTION NO. 66-86 COMMENDING MICHAEL MULTARI FOR HIS SER- VICES TO THE CITY UPON LEAVING EMPLOYMENT Mr. Napper recommended Council adopt Resolution No. 66-86. D-8 RESOLUTION NO. 58-86 COMMENDING JIM FUNK FOR HIS SERVICES TO THE CITY UPON LEAVING EMPLOYMENT Mr. Napper recommended Council adopt Resolution No. 66-86. D-9 RESOLUTION NO. 60-86 RECOGNIZING AND CONGRATULATING THE CITY OF ARROYO GRANDE ON THE 75TH ANNIVERSARY OF ITS INCORPORA- TION -' _----- - -_ Mr. Napper recommended Council adopt Resolution No. 60-86. D-10 EXPENDITURE REPORT - MAY 1986 Mr. Napper recommended Council approve the Report as submitted. D-11 STATEMENT OF INVESTMENTS - MAY 1986 Mr. Napper recommended Council accept the report for file. MINUTES - MORRO BAD—CIITY COUNCIL REGULAR MEETING - JUNE 23, 1986 PAGE 13 D-12 CHAMBER OF COMMERCE REPORT - MAY 1986 Mr. Napper recommended Council accept the report for file. D-13 ESTABLISHMENT OF PUBLIC USE HOURS IN CITY PARKS Mr. Napper recommended Council set 7:00 a.m. to sunset as the public park use hours in City parks effective July 1, 1986. Councilmember Miller requested item D-13 be pulled for separate consideration. MOTION: Councilmember Risley moved for approval of the Consent Calendar except for item D-13. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) D-13 ESTABLISHMENT OF PUBLIC USE HOURS IN CITY PARKS Councilmember Miller stated he doesn't like time limits on parks; he feels they should be open to the public whenever the public wants to use them and did not feel vandalism was that much of a problem. MOTION: Councilmember Risley moved for approval of the staff recommendation to set the hour of 7:00 a.m. to sunset as public parks use hours. The motion was seconded by Councilmember Kaltenbach and carried with Councilmember Miller voting no. (3-1) B-2 RESOLUTION NO. 65-86 REGARDING PUBLIC AMENITIES AND IMPROVE- MENTS ON CUP, EMBARCADERO INN (BIAGGINI) Councilmember Risley stated he had been reminded Council was in receipt of a letter from Mayor Zeuschner regarding his opinions on various items on the agenda. On this item, Mayor Zeuschner indicates he would probably vote in favor, so if Councilmember Risley abstains, he will just postpone a favorable decision on the issue, since at that point there will be 3 votes in favor of the project. He stated Mr. Biaggini has given his public word that he will build the staircase within a very short period of time; he was hesitant to vote in favor of the Resolution, because he feels Mr. Biaggini has tried for a long period of time to avoid these conditions and was going to continue to try to avoid them. The original motion was restated as follows: MOTION: Councilmember Miller moved Council adopt the conditions as prepared by staff (Resolution No. 65-86), with an occupancy permit to be issued to the motel including an MINUTES - MORRO BA, CITY COUNCIL REGULAR MEETING - JUNE 23, 1986 PAGE 14 estimate from the contractor of the start time of the stairway construction. The motion was seconded by Mayor Pro Tem Sheetz. The motion unanimously carried. (4-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL a. Councilmember Risley complimented Mayor Pro Tem Sheetz on her presentation at the Friends of Big Sur bar-be-que regard- ing opposition to the Wilson Bill and its efforts to federalize Big Sur. E-2 CITY ADMINISTRATOR a. Mr. Napper stated he would like to schedule for Council consideration a policy statement regarding abstentions which might help alleviate the situation which arose this evening. Council concurred. E-3 CITY ATTORNEY b. Ms. Skousen requested a closed session. MOTION: Councilmember Risley moved the meeting adjourn to closed session. The motion was seconded by Council - member Miller and unanimously carried. (4-0) Mayor Pro Tem Sheetz stated Council will adjourn to closed ses- sion to consider exposure to litigation in accordance with Sec- tion 54957.9(b)(1) of the Government Code. The meeting adjourned to closed session at 12:20 a.m. and re- turned to regular session at 12:43 a.m. MOTION: Councilmember Risley moved the meeting be adjourned to June 26, 1986 at 4:00 p.m. in the Library Community Room for a joint meeting with the San Luis Obispo City Council. The motion was seconded by Councilmember Miller and unanimously carried. (4-0) The meeting adjourned at 12:44 a.m. Recorded by: ARDITH DAVIS Deputy City Clerk