HomeMy WebLinkAboutCC_1986-09-08 Regular Meeting MinutesMORRO BAY
CITY COUNCIL
REGULAR MEETING - SEPTEMBER 8, 1986 AGENDA
RECREATION HALL - 7:00 P.M.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
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 PUBLIC HEARING ON ORDINANCE NO. 291 AMENDING SECTION 13.20.90 OF THE
MORRO BAY MUNICIPAL CODE TO ALLOW TRANSFER OF PROJECT WATER
EQUIVALENCIES FOR HARDSHIP CASES
A-2 CITY PARTICIPATION IN SAN LUIS OBISPO COUNTY VISITORS AND CONFERENCE
BUREAU
A-3 CONSIDERATION OF GRANT APPLICATION PROJECTS - 1984, 1986 RECREATION
AND PARK BOND ACTS
A-4 RESOLUTION NO. 95-86 AUTHORIZING APPLICATION FOR UMTA SECTION 18
CAPITAL PROJECT GRANT FUNDS
B. UNFINISHED BUSINESS
B-1 STATUS REPORT - LEASE SITE CODE INSPECTIONS
C. NEW BUSINESS
C-1 QUARTERLY WATER SYSTEM IMPROVEMENT REPORT
C-2 GENERAL FUND CONTINGENCY APPROPRIATION FOR RECREATION AND PARKS
DEPARTMENT EQUIPMENT PURCHASES
C-3 RESOLUTION NO. 96-86 SUPPORTING MORRO BAY'S 5TH ANNUAL HARBOR
FESTIVAL; AND RESOLUTION NO. 97-86 AUTHORIZING PUBLIC AREA USE PERMITS
FOR HARBOR FESTIVAL ASSOCIATED EVENTS
C-4 SELECTION OF CITY'S VOTING DELEGATE AND ALTERNATE TO LEAGUE OF
CALIFORNIA CITIES CONFERENCE
AGENDA - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 8, 1986
PAGE TWO
D. CONSENT CALENDAR
D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF AUGUST 25, 1986
D-2 PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 1986 AS "U.S.
CONSTITUTION OBSERVANCE MONTH"
D-3 PROCLAMATION DECLARING SEPTEMBER 15 THROUGH OCTOBER 15, 1986 AS
"EROSION CONTROL MONTH"
D-4 PROCLAMATION DECLARING "COASTWEEK" AND "CALIFORNIA COASTAL CLEAN-UP
DAY" IN SEPTEMBER
D-5 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (WINGATE)
D-6 RESOLUTION NO. 94-86 AMENDING THE MEMORANDUM OF UNDERSTANDING WITH
CONFIDENTIAL EMPLOYEES UNIT FOR COMPENSATORY TIME OFF
D-7 COMPLETION OF EMBARCADERO INTERCEPTOR SEWER PROJECT
D-8 RESOLUTION NO. 99-86 APPROVING A CONTRACT FOR HOUSING REHABILITATION,
ACCEPTING A COMMUNITY HOUSING BLOCK GRANT AGREEMENT, AUTHORIZING A
DESIGNATED OFFICIAL TO SIGN SAID AGREEMENT, AND RESCINDING RESOLUTION
NO. 78-86
E. INDIVIDUAL DETERMINATION AND/OR ACTION
E-1 CITY COUNCIL
E-2 CITY ADMINISTRATOR
E-3 CITY ATTORNEY
CLOSED SESSION
1. GOVERNMENT CODE 54957.9(A) - LITIGATION (GAINES V. CITY OF MORRO BAY,
ET. AL.)
2. GOVERNMENT CODE 54956.8 - REAL PROPERTY NEGOTIATIONS WITH SCHOOL
DISTRICT
F. ADJOURNMENT
MINUTES - MORRO
REGULAR MEETING
RECREATION HALL
BAY CITY COUNCIL
- SEPTEMBER 8, 1986
- 7:00 P.M.
Mayor Zeuschner called the meeting to order at 7:00 p.m.
ROLL CALL
PRESENT: Bud Zeuschner
Ray Kaltenbach
Jim Miller
Bruce Risley
Rose Marie Sheetz
ABSENT: None
STAFF: Gary Napper
Ann Russell
Dave Bugher
Forrest Henderson
Dave Howell
Nick Nichols
Dave Norton
Mike Upton
Steve Wolter
Ardith Davis
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
Acting City Attorney
Acting Comm. Dev. Dir.
Asst. to City Admin.
Police Chief
Public Works Director
Water Engineer
Administrative Asst.
Recreation & Parks Dir.
Deputy City Clerk
The invocation was given by Don Carey of the United Presbyterian
Church; and Mayor Zeuschner led the Pledge of Allegiance.
ORAL COMMUNICATIONS
1. Steve Semas criticized City staff's scheduling the
resurfacing of Beach Street just before the Labor Day weekend and
encouraged better planning and communication in the future. Fred
Smith of the Tradewinds Motel, and Gary Dargitz of the Fondu Pot
also expressed the same comments.
2. Richard F. Johnson and Betty Johnson, representing
Mothers Against Drunk Driving (MADD), spoke in support of the
Morro Bay Police Department and Chief of Police, and criticized
Councilmembers who were making charges against the Chief and the
Officers. June Hofstead, John Lemons, Ross Boyd, Damon Combs,
and Howard Gaines also spoke in support of the Chief and the
Police Department personnel.
3. Howard Gaines discussed Proposition 62 on the November
ballot which, if passed, could affect the City's approval of al-
locating tax funds to a Visitors Conference Bureau.
MINUTES - MORRO BAD CITY COUNCIL
REGULAR MEETING - SEPTEMBER 8, 1986
PAGE 2
A. PUBLIC HEARINGS, REPORTS & APPEARANCES
A-1 _PUBLIC HEARING ON _ORDINANCE NO. 291 AMENDING SECTION
13.20.090 OF THE MORRO BAY MUNICIPAL CODE TO ALLOW TRANSFER
OF PROJECT WATER EQUIVALENCIES FOR HARDSHIP CASES
Dave Bugher reviewed this ordinance revision which would allow
transfer of water equivalencies for personal hardship cases.
Currently, the ordinance places a deed restriction on property
awarded water equivalencies which does not allow for it to be
sold until one year after the house is built.
The Planning Commission, in their review of this amendment, also
recommends deleting the existing provisions in the ordinance
which allow for transfer of water equivalencies for dissolution
of marriages or partnerships; they felt these sections were too
broad in scope and could lead to frivolous applications.
Mayor Zeuschner opened the matter to the public for comments.
Dale Reddell stated he would like to see the deed restriction
eliminated entirely on all properties; he believed the current
ordinance discriminates against a person who wants to sell his
property. Howard Gaines questioned a personal hardship as a
valid reason for variance from the ordinance.
Councilmember Miller disagreed with the Planning Commission's
recommendation to delete dissolution of marriage and partnership
from the hardship designation; he believed they constituted valid
reasons to allow transfer of water equivalencies.
Councilmember Risley questioned the necessity for Section B3
which allows transfer in the event of default on a construction
loan. He was concerned about financial manipulation. He said
the intent of the ordinance was to try to limit or prohibit spec-
ulation where specific builders make a profit; and, to promote
people building their own homes. He also suggested eliminating
the language in F2 after the word "hardship" ("insofar as this
can be determined or established"); and after the word "request"
in F3 ("including the probable consequences of failing to grant a
hardship request"). He believed the language to be redundant.
MOTION: Councilmember Risley moved Ordinance No. 291 be amended
by deleting B3; eliminating the language after the word
"hardship" in F2; and eliminating the language after
the word "request" in F3. The motion was seconded by
Councilmember Kaltenbach.
Mr. Napper informed the Council that should this amendment be
adopted, the Mayor should open a new public hearing so the public
will have the opportunity to comment on the amended ordinance.
The motion carried with Councilmember Miller voting no.
( 4-1 )
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 8, 1986
PAGE 3
Mayor Zeuschner reviewed the amendments and opened the public
hearing on the amended ordinance. There were no comments, and
the public hearing closed.
MOTION: Councilmember Risley moved Ordinance No. 291 as amended
be read by title and number only. The motion was sec-
onded by Councilmember Kaltenbach and unanimously car-
ried. (5-0)
Mr. Napper read Ordinance No. 291 by title and number only.
MOTION: Councilmember Risley moved for adoption of the first
reading of Ordinance No. 291 as amended. The motion
was seconded by Councilmember Kaltenbach and carried
with Councilmember Miller voting no. (4-1)
A-2
CITY PARTICIPATION IN SAN LUIS OBISPO COUNTY VISITORS AND
CONFERENCE BUREAU
Mr. Napper reviewed the composition of the Visitors and Confer-
ence Bureau (VCB) and their request for funding of 3.5% of each
city's bed tax receipts for 1984-85; in Morro Bay's case this
amounts to $21,500. He noted $30,000 is currently set aside in
the FY 86-87 Budget for outside promotion of the City. The
City's Community Promotions Committee is recommending Council al-
locate $11,500, holding the additional $10,000 until evaluating
the first 6 months progress of the Bureau.
Mayor Zeuschner opened the hearing to the public.
Ann Udell, President of the Morro Bay Chamber of Commerce; Chris
Thompson, Manager of the Morro Bay Chamber of Commerce; Dave
Garth, Manager of the San Luis Obispo Chamber of Commerce; Brian
Gordon, General Manager of the Inn at Morro Bay and President of
the Hotel/Motel Restaurant Association; Fred Smith of the
Tradewinds Motel; and Jonni Eylar, Director of the Visitors and
Conference Bureau spoke in favor of the Council's allocation of
these funds. They noted the Community Promotions Committee, the
Chamber of Commerce, the Hotel and Motel Association were in fa-
vor of the allocation. It was stated the thrust of the VCB is to
promote the County as a whole advertising each area's attributes
during the non -summer months.
Howard Gaines felt consideration of this matter is premature;
Council should wait until after the election; if Proposition 62
passes, Council will not be able to spend any money without a
vote of the people.
Councilmember Sheetz noted there is currently $30,000 allocated
in the budget for outside community promotion spending; the only
question is how to spend it. She indicated she would be abstain-
ing from voting on this matter because of a conflict of interest
in that she is a member of the Chamber of Commerce, and owns a
business in Morro Bay.
MINUTES - MORRO BAD CITY COUNCIL
REGULAR MEETING - SEPTEMBER 8, 1986
PAGE 4
Councilmember Risley felt Council should pay attention to the
history on this subject. He noted the two elections wherein the
people of Morro Bay adopted and reaffirmed measures to limit ex-
penditures for community promotion to 5% of the previous year's
bed tax; he felt the people would adopt a similar measure if
asked to do so today. He said there is a perception that motels
in Morro Bay have over -built and now they are trying to fill
those rooms, and suggested they use the profit from those rooms
to do their own advertising. He believed the money could be bet-
ter spent by fixing potholes and providing a restroom at the Cen-
tennial Stairway.
Councilmember Miller asked about the status of the Measures
adopted; Mr. Napper stated they were later declared unconstitu-
tional by the courts.
Mayor Zeuschner was in favor of the appropriation and the concept
of advertising the County as a whole.
MOTION: Councilmember Miller moved Council adopt the Community
Promotions Committee recommendation to allocate $11,500
for the first 6 months. The motion was seconded by
Mayor Zeuschner.
Mr. Napper asked if the intent of the motion was to wait for ap-
proval of the Board of Supervisors for their share of the funding
before appropriating City funds; this was included in the motion
adopted by the Community Promotions Committee. Councilmember
Miller said the motion was intended to allocate the amount no
matter what other agencies do. Mr. Napper also asked if Council
wished to earmark the remainder of the total $21,500 allocation
($10,000) to potentially fund the rest of the year.
There was discussion regarding what the VCB would do if the City
did not fund the remainder of the year. Representatives of the
VCB noted the City would be credited with a full 6 months of
funding, and Morro Bay private businesses joining the VCB during
that timeperiod would enjoy the reduced VCB membership fee.
Mayor Zeuschner stated the Community Promotions Committee could
track other expenditures, keeping in mind the possible additional
allocation of the $10,000 to the VCB.
Councilmember Risley stated he would be voting no on the motion
because it is in direct violation of the wishes of the people of
Morro Bay.
Councilmember Miller amended his motion to state that
Council allocate $11,500 from the Community Promotions
budget to fund the first 6 months of the City's member-
ship in the Visitors Conference Bureau. The motion was
seconded by Mayor Zeuschner and carried with Coun-
cilmember Risley voting no and Councilmember Sheetz
abstaining. (3-1-1)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 8, 1986
PAGE 5
A-3 CONSIDERATION OF GRANT APPLICATION PROJECTS - 1984, 1986
RECREATION AND PARK BOND ACTS
Mr. Wolter reviewed this item noting the Recreation and Parks
Commission had recommended improvements at Del Mar Park be desig-
nated for application; specifically, the need for a group picnic
area and lighted tennis courts.
Mayor Zeuschner opened the matter to the public. Joan Silva,
Recreation and Parks Commission Chairman, noted the efforts of
the Commission to improve Del Mar Park and urged Council to ap-
prove application for this area.
MOTION: Councilmember Kaltenbach moved Council approve the ap-
plication for grant funds for improvements at Del Mar
Park. The motion was seconded by Councilmember Sheetz
and unanimously carried. (5-0)
Council took a brief recess from 8:54 p.m. to 9:05 p.m.
A-4 RESOLUTION NO. 95-86 AUTHORIZING APPLICATION FOR UMTA SEC-
TION 18 CAPITAL PROJECT GRANT FUNDS
Mike Upton reviewed this item noting the Transit Ad -hoc Committee
had considered and approved the items for grant application to
UMTA. Those items are a bus stop shelter at City Park; a transit
vehicle; a personal computer for the Dial -a -Ride office; and a
Dial -a -Ride marketing program to increase ridership and revenues.
The total estimated cost for all projects is $97,300 with the
City's local match estimate at $14,460.
Mayor Zeuschner opened the hearing to the public; there were no
comments.
MOTION: Councilmember Kaltenbach moved for the adoption of Res-
olution No. 95-86. The motion was seconded by Coun-
cilmember Sheetz and unanimously carried. (5-0)
B. UNFINISHED BUSINESS
B-1 STATUS REPORT - LEASE SITE CODE INSPECTIONS
Mr. Napper outlined the progress of staff in inspecting the lease
sites using the preliminary report submitted by John Wallace,
consulting engineer. He estimated a City -inspection team could
handle 3 inspections per week, taking the most serious or numer-
ous violations first. As they work down the list, more sites
will be accomplished in a shorter period as the number of viola-
tions decreases. He noted the important element of the program
is the follow-up component, making sure lessees have complied
with the Notice of Violation served on them in the time period
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 8, 1986
PAGE 6
required. He stated the lessees have been very cooperative in
the inspections and he expected they would correct the violations
in the time required.
Howard Gaines cautioned Council to make sure lessees were comply-
ing with the terms of their lease regarding insurance require-
ments. Mr. Napper stated the City is updating insurance cover-
age, limits, and requirements in the new Master Lease, and also
monitors insurance expiration dates on lease sites.
Councilmember Risley reported on an incident at the DeGarimore
lease site where an individual had received a shock from a con-
duit at that site, and that City staff was very responsive in
checking the site.
No action was taken.
C. NEW BUSINESS
C-1 QUARTERLY WATER SYSTEM IMPROVEMENT REPORT
Dave Norton reviewed his report on water system improvements to
Council, reporting on the waterline replacement program; upgrad-
ing existing Wells #5 and #13; present well levels; new chlorine
station for Wells #8 and #11A; well meter calibration; Del Mar
Park irrigation; metering of City facilities; Toro Creek wells;
San Bernardo Creek Dam and Reservoir; and the coastal stream di-
version and storage project. Staff recommended Council re -allo-
cate $15,000 to build the required chlorine station for Wells 8
and 11A; and authorize staff to commence the next phase of the
San Bernardo Creek Dam project.
Council asked several questions to which Mr. Norton responded.
MOTION: Councilmember Kaltenbach moved Council reallocate
$15,000 from FY 86-87 New Water Production Facilities
Reserve Fund to build a chlorine station for Wells 8
and 11A; and, authorize staff to commence the next
phase of the San Bernardo Creek Dam project within
monies budgeted. The motion was seconded by Coun-
cilmember Miller and unanimously carried. (5-0)
C-2 GENERAL FUND CONTINGENCY APPROPRIATION FOR RECREATION AND
PARKS DEPARTMENT EQUIPMENT PURCHASES
Mr. Napper reviewed the computer needs of the Recreation Depart-
ment in this regard noting their current system is unsalvageable
after several repair attempts. He requested Council allocate
$3,900 for the purchase of a new computerized registration
system.
MOTION: Councilmember Sheetz moved Council allocate $3,900 from
FY 86-87 General Fund Contingencies for the purchase of
a computerized registration system for the Recreation
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 8, 1986
PAGE 7
and Parks Department. The motion was seconded by Coun-
cilmember Kaltenbach and unanimously carried. (5-0)
C-3 RESOLUTION NO. 96-86_SUPPORTING _MORRO BAY'S 5TH ANNUAL
HARBOR FESTIVAL; AND RESOLUTION NO. 97-86 AUTHORIZING PUBLIC
AREA USE PERMITS FOR HARBOR FESTIVAL ASSOCIATED EVENTS
MOTION: Councilmember Risley moved for the adoption of Resolu-
tions No. 96-86 and 97-86. The motion was seconded by
Councilmember Kaltenbach and unanimously carried. (5-
0)
C-4 SELECTION OF CITY'S VOTING DELEGATE AND ALTERNATE TO LEAGUE
OF CALIFORNIA CITIES CONFERENCE
Mr. Napper noted Councilmember Sheetz and he are the only ones
registered to attend the Conference from Morro Bay at this time.
MOTION: Mayor Zeuschner moved Councilmember Sheetz be appointed
voting delegate to the League of California Cities An-
nual Convention; and, Mr. Napper be appointed alter-
nate. The motion was seconded by Councilmember Miller
and unanimously carried. (5-0)
D. CONSENT CALENDAR
D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF AUGUST 25,
1986
Mr. Napper recommended the minutes be approved as submitted.
D-2 PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 1986 AS "U.S.
CONSTITUTION OBSERVANCE MONTH"
D-3 PROCLAMATION DECLARING SEPTEMBER 15 THROUGH OCTOBER 15s 1986
AS "EROSION CONTROL MONTH"
D-4 PROCLAMATION DECLARING "COASTWEEK" AND "CALIFORNIA COASTAL
CLEAN-UP DAY' IN SEPTEMBER
Mr. Napper recommended Council authorize the Mayor to sign the
proclamations.
D-5 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (WINGATE)
Mr. Napper recommended Council deny the claim and authorize the
City Clerk to send the rejection notice.
D-6 RESOLUTION NO. 94-86 AMENDING THE MEMORANDUM OF UNDERSTAND-
ING WITH CONFIDENTIAL EMPLOYEES UNIT FOR COMPENSATORY TIME
OFF
Mr. Napper recommended Council adopt Resolution No. 94-86.
MINUTES - MORRO BAD. CITY COUNCIL
REGULAR MEETING - SEPTEMBER 8, 1986
PAGE 8
D-7 COMPLETION OF EMBARCADERO INTERCEPTOR SEWER PROJECT
Mr. Napper recommended Council accept the project as complete,
and authorize the City Administrator to file the Notice of
Completion.
D-8 RESOLUTION NO. 99-86 APPROVING A CONTRACT FOR HOUSING REHA-
BILITATION, ACCEPTING A COMMUNITY HOUSING BLOCK GRANT AGREE-
MENT, AUTHORIZING A DESIGNATED OFFICIAL TO SIGN SAID AGREE-
MENT. AND RESCINDING RESOLUTION NO. 78-86
Mr. Napper recommended Council adopt Resolution No. 99-86.
MOTION: Councilmember Risley moved for the adoption of the Con-
sent Calendar, items D-1 through D-8. The motion was
seconded by Councilmember Kaltenbach and unanimously
carried. (5-0)
E. INDIVIDUAL DETERMINATION AND/OR ACTION
E-1 CITY COUNCIL
1. Councilmember Miller responded to the accusations made
earlier in the evening regarding the Police Department. He
stated there were more than two Councilmembers involved ini-
tially, and he does not know why one has kept silent. He said he
is not complaining about drunk drivers and never has; he is com-
plaining about leadership and the people who spoke this evening
have no knowledge of the problems. He noted his disability was
because of stress and Dave Howell was one of the biggest prob-
lems, and he knows what's wrong with the man. He stated he has a
card from a private investigator from Cloverdale who can tell
anyone the trash he has heard about the Chief and is ashamed to
mention.
Councilmember Miller then outlined 10 accusations of mismanage-
ment in the Police Department:
a. The Chief fixing tickets and moving violation for a
business -person; two witnesses; the Chief lied to public on tele-
vision.
b. Being untruthful to the public. He (the Chief) went to
a bar meeting of over 60 people; told them he did not have a
quota system. In Saturday's paper, he said we did have that sys-
tem. He lied to more than 60 people.
C. Officers complaining, and one officer's written state-
ment, of Lieutenant forging his name to an internal affairs re-
port; falsifying documents.
d. Brutality. Councilmember Miller had an officer who
witnessed a brutality come to him and complain that another offi-
cer was made to change his report so the Police Department did
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 8, 1986
PAGE 9
not get sued for brutality. Two officers involved; both willing
to testify.
e. Being rude to the public. He has received complaints
from the public about rudeness from the Chief down to the dis-
patchers on the telephone and in public. All of them at one time
have been rude; he gets numerous complaints on this and has nu-
merous witnesses willing to come forth.
f. Searching a home without a search warrant; a suit was
filed against the City; he has 4 witnesses.
g. Numerous complaints of illegal arrests. They arrest
people, take them to jail, use the breathilizer; one even showed
up as a .00, no alcohol. They were taken off the street for
nothing, and the officer got 3 points for the arrest.
h. Stress on the Department. In less than 3 years there
have been 5 people come out on stress. A sixth one files, then
resigned and moved out of state. His resignation states he is
going to Arkansas, but the truth is he was treated badly in the
Department. They built paper on him and he was told he was hav-
ing paper built on him. His wife was told if she went to the
City Council and talked, she would be fired and her husband would
be fired.
i. Favoritism by the Chief. His secretary has received an
additional $5,000 in wages in the last 3 years.
j. Nist case; needless; $10,000 to $12,000 was spent
fighting the firing of that officer. He went out on stress. Why
bring up charges after he has left the Department and after the
Chief has resigned him and then decide to fire him? That cost
the taxpayers $10,000 to $12,000 and the case is not through; it
is going to Superior Court.
Councilmember Miller stated one of the officers has said because
of the Council, when he stops someone they don't want to talk to
him because they don't trust the officer. Councilmember Miller
said that has been one of his complaints since he got on the
Council; nobody wants to tell the Police Department a thing be-
cause they are afraid to; they do not want to talk to those offi-
cers.
Councilmember Miller said these are part of the charges and there
will be more. He said he wasn't talking about individual offi-
cers; there are some good ones; no complaints about any of those
officers.
Councilmember Kaltenbach stated he has had only one complaint and
that was from the officer that was fired. He said there is no
documentation on the allegations, and he has a hard time believ-
ing that being a police officer in Morro Bay is stressful.
MINUTES - MORRO BA! CITY COUNCIL
REGULAR MEETING - SEPTEMBER 8, 1986
PAGE 10
Councilmember Sheetz stated the comments earlier infer she is
soft on drunk drivers, which is not the case; she feels they be-
long in one place and that is off the road. She believes in due
process, and does not uphold drunkenness in any way, shape or
form.
Councilmember Risley stated it is inappropriate to air personnel
problems in this way; his opinion is the caliber of employees in
Morro Bay is very high. The items discussed are the responsibil-
ity of the City Administrator.
E-2 CITY ADMINISTRATOR
1. Mr. Napper requested Councilmember Miller provide him
with documentation of the items he discussed.
E-3 CITY ATTORNEY
1. Ms. Russell advised when a Councilmember decides (s)he
has a conflict of interest in a matter, (s)he should step away
from the Council table and sit in the audience; then if (s)he
wishes to speak on the subject as a citizen, (s)he can go to the
podium to do so and the public can distinguish the difference be-
tween the comments of a Councilmember and a citizen.
F. ADJOURNMENT
MOTION: Councilmember Miller moved Council adjourn to closed
session. The motion was seconded by Councilmember
Sheetz and unanimously carried. (5-0)
Mayor Zeuschner announced Council will adjourn to closed session
to discuss litigation regarding Gaines v. City of Morro Bay,
et al. in accordance with Government Code Section 54957.9(a); and
real property negotiations with the School District in accordance
with Government Code Section 54956.8.
The meeting adjourned to closed session at 10:28 p.m. and re-
turned to regular session at 11:03 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 11:03 p.m.
Recorded by:
ARDITH DAVIS
Deputy City Clerk