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HomeMy WebLinkAboutCC_1984-11-13 Regular Meeting MinutesREGULAR MEETING - NOVEMBER 13, 1984 RECREATION HALL - 7:30 P.M. u GE ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - REVEREND CHARLES ERICKSON, ST. PETERS EPISCOPAL CHURCH PRESENTATION - U.S. COAST GUARD AUXILIARY RE: NATIONAL SAFE BOATING WEEK A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW A PROFESSIONAL OFFICE BUILDING ON PROPERTY LOCATED ON THE SOUTHWEST CORNER OF SHASTA AVE. AND HARBOR ST , CASE NOS. CUP 30-84 AND CDP 55-84 (MURRAY AND MARCELLE STANLEY, APPELLANTS) A-2 APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE FROM HEIGHT LIMIT FOR A WINDMILL FOR PROPERTY LOCATED AT.225 MAIN ST., CASE NO. VAR 12-84 (GLADYS WALTON, APPELLANT) A-3 APPEARANCE OF MARY PHILLIPS REGARDING REFUSE BOARD MEETING AND LACK OF COMMUNICATION WITH THE PUBLIC A-4 REPORT ON ANIMAL REGULATION CONTROL A-5 CONTRACT FOR SAFE DRINKING WATER BOND LAW LOAN B. UNFINISHED BUSINESS B-1 ADDENDUM TO IMPROVEMENT AGREEMENT - IRONWOOD CONDOMINIUM CONVERSION B 2 ORDINANCE NO. 264 REQUIRING AUTOMATIC FIRE SPRINKLER SYSTEMS IN CERTAIN BUILDINGS AND REQUIRING FIRE RESISTIVE ROOFING MATERIALS (SECOND READING) C. NEW BUSINESS C-1 PRELIMINARY PRESENTATION OF POSSIBLE HOUSING REHABILITATION PROGRAM USING CDBG FUNDS C-2 TIDELANDS PARK PHASE I BASE BID AWARD C-3 CONSIDERATION TO PERMIT AN ADDITIONAL USE ON LEASE SITE 89 AND 89W (BOB S SPORT FISHING) C-4 CONSIDERATION OF USE AND SUBLEASE FOR LEASE SITE.67 AND 67W (ROBERT PYLE GALLERY) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF OCTOBER 22, 1984 D-2 FIRST QUARTER FINANCIAL STATEMENT MORRO BAY CITY COUNCIL AGENDA Regular Meeting - November 13, 1984 Page Two C. CONSENT CALENDAR (cont.) D-3 EASEMENT FOR P.G.&E. ON CITY PROPERTY - BOLTON AND NORWICH D-4 AWARD OF BID NO. PW 84-303 FOR TRANSIT VEHICLE (PULLED) D-5 CONSIDERATION OF REFUSE BOARD BY-LAWS AND HARDSHIP REFUSE VARIANCE D-6 REPORT ON MOBILE HOME PARK LONG-TERM LEASE NEGOTIATIONS D-7 PROCLAMATION OF NATIONAL FAMILY WEEK, NOVEMBER 18-24, 1984 D-8 AGREEMENT FOR ENGINEERING SERVICES - WATER LINE PROJECT D-9 ACCEPTANCE OF PUBLIC IMPROVEMENTS - TRACT NO. 951, SEA HARBOR VILLAS E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY F. ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1984 RECREATION HALL - 7:30 P.M. Mayor Pro Tem Bud Zeuschner called the meeting to order at 7:30 p.m. ROLL CALL P RESENT: ABSENT: STAFF: Bud Zeuschner Rodger Anderson John Lemons Bruce. Risley Eugene R. Shelton Gary Napper Michael LeSage Forrest Henderson Louise Burt Michael Multari Nick Nichols Dave Howell Bernie Zerr Elane Novak Mayor Pro Tem Councilmember Councilmember Councilmember Mayor City Administrator City Attorney Assistant to. City Admin. Finance Director Comm. Development Dir. P ublic Works. Dir. P olice Chief Fire Chief Deputy City Clerk The Pledge of Allegiance was led by Horace. Strong; Reverend Charles Erickson_ of St. Peters Episcopal Church gave the. invocation. ✓ ice Captain Charles Coffield of the U. S. Coast Guard Auxilary made a presentation to thank Mayor Shelton for designating Morro Bay Safe Boating Week. The Certificate was accepted by Mayor Pro Tem Zeuschner on Mayor Shelton's behalf. It was requested that B-1 be placed first on the agenda. B-1 ADDENDUM TO IMPROVEMENT AGREEMENT - IRONWOOD CONDOMINIUM.CONVER- SION Nick Nichols summarized the staff report which is to negotiate an Addendum with the homeowners of the Ironwood Condominiums as the Improvement Agreement made in 1979 has expired. Ms. Barbara Bailey, attorney for the Ironwood owners, had approved t he amount for additional bond and had agreed with the City Attorney regarding indemnification of the City in the agreement.. Councilmember. Risley asked if the signators for the Homeowners Associa- t ion were owners of the condominiums or lived in Morro Bay; he could not read the signatures on the Agreement. Mrs. Bailey stated that the complex had to be incorporated before the units could. be sold; there are no local owners as no units have been sold. Councilmember Risley also asked Mr. LeSage if the Homeowners Association was responsible for carrying out the terms of the Agreement. Mr. LeSage stated if t he Association is also the owner of the parcels, they carry insurance. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1984 P AGE TWO Councilmember Risley asked questions regarding the insurance documents and Mr Napper stated that there is not. a specific limit set, but rather a blanket indemnification that would stand for all claims in future as well as any currently being processed against the City and Homeowners Association. Mr. LeSage noted that this is a binding and apppropriate document.. It was noted that Ironwood Street is an unimproved street to which t he City has not accepted title, along with a number of others in t he City. Council requested that staff investigate thestatus of unimproved City streets and bring back a report as to whether or not t hey should be posted as such to minimize City liability. MOTION: Councilmember Lemons moved that the Agreements between the City and Kenneth R. Saunders, and, the agreement between Ironwood Arms Homeowners' Association and the City be accepted. The motion was seconded by Council - member Anderson and unanimously carried. (4-0-1) A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW A PROFESSIONAL OFFICE BUILDING ON PROPERTY LOCATED ON THE SOUTHWEST CORNER OF SHASTA AVE, AND HARBOR ST , CASE NOS. CUP 30-84 AND CDP 55-84 (MURRAY AND MARCELLE STANLEY, APPELLANTS) Mike Multari explained that on October 1, 1984, the Planning Commission h eld a hearing on this matter and found that the proposal met the requirements for approval and conformed with the. Coastal. Plan and Zoning Ordinance. He noted that the new building would need to be moved. slightly to the east to widen a pedestrian walkway between the two buildings from a proposed rear common parking lot. .The Planning Commission was hoping that the owners of the proposed new building . and Dr. Stanley would be able to reach some agreement regarding the parking lot and walkway on their own. However, this did. not happen and, on the loth of. October, Murray and Marcelle Stanley, who own t he property adjacent to Dr. Baldwin's property, appealed the Planning Commission's approval. Mike Multari recommended considering testimony included in the staff report and Planning Commission actions (Resolu- t ion Nos 97-84 and 98-84) and any other testimony, and either approve or deny the appeal based on that information. Murray Stanley asked for a postponement of the appeal as he thought it was set for the 26th of November meeting rather than tonight.. A legal notice was mailed to the Stanleys,. but apparently never arrived. Dr.. Stanley said he had no new information to present. Councilmember Lemons asked if the hearing was put over to a later d ate, what effect that would have on the building license and water MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1984 P AGE THREE e quivalency allocation. Mike Multari responded that it would have no effect; building plans were submitted so he is in line for water e quivalencies. Ned Rogoway appeared on behalf of Mrs. Gambino and Dr. Baldwin. Dr. Baldwin has met all the requirements of the City and Mr. Rogoway ✓ equested that the matter not be delayed any longer. Mayor Pro Tem Zeuschner said that since they had heard from both sides and the Councilmembers had read all the material pertaining t o the building, he felt comfortable with making a decision so ✓ eferred the matter back to Council. Councilmember Risley asked if this was a matter for the courts since t he appellants are claiming a prescriptive easement as a result of h aving used the parking lot for patient parking for twenty-five years. Mr. LeSage said that this would be a matter for the courts;, it would be best for the two parties involved to come to an agreement. Dr. Baldwin stated that he did not want a postponement; all the problems are known by the people involved. There were comments from Mrs. Stanley, Dr. Stanley, Dr. Baldwin, and Ned Rogoway; Mrs. Gambino appeared at one point. The Council indi- cated that. there were some things the City could not be involved in and the parties would just have to work out their own solutions. MOTION: Councilmember Lemons moved that the Public Hearing be closed. The motion was seconded by Councilmember, Risley. Motion carried. (4-0) MOTION: Councilmember Risley moved to deny the appeal. Council - member Anderson seconded the motion. Motion carried. (4-0) A-2 APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE FROM HEIGHT LIMIT FOR A. WINDMILL FOR PROPERTY LOCATED AT 225 MAIN ST., CASE NO. VAR 12-84 (GLADYS WALTON, APPELLANT) Mayor Pro Tem Zeuschner opened the hearing. A brief discussion between Council and staff followed concerning extensions of appeals. MOTION: Councilmember Lemons moved the hearing be continued. It was seconded by Councilmember Anderson. Motion carried. (4-0) A-3 APPEARANCE OF MARY PHILLIPS REGARDING REFUSE BOARD MEETING AND LACK OF COMMUNICATION WITH THE PUBLIC This item was removed from the agenda at the request of Mary Phillips. Mr. Napper asked Council to authorize him to write a letter to Mrs. P hillips asking her to specifically define areas within the subject t o be discussed. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13,.1984 P AGE FOUR MOTION: Councilmember Lemons moved that the above request be approved. It was seconded by Councilmember Risley. Motion carried. (4-0) Councilmember Lemons requested that Council consider item A-5 A- 4 . before A-5 CONTRACT FOR SAFE DRINKING WATER BOND LAW LOAN Gary Napper summarized the report. Mike LeSage, City Attorney, d etermined that the loan would not require an electoral vote of t he community. Mr. Napper asked Council to adopt Resolution No. 127-84, accepting the loan and authorizing the City Administrator t o execute the contract and apply for a 2 year extension. The matter was opened to Public Hearing. Mr. Kaltenbach stated that he was against the City taking on this loan, he feels that since the City has the money and the work is to be done in-house, there would be no reason to apply for this loan. Also, at a Public Hearing two years ago, 1982, the loan was turned d own, and he feels another Public Hearing should take place before t he loan is again considered. Councilmember Anderson asked Mr. Kaltenbach if he was against the loan or the schedule. Mr. Kaltenbach felt the schedule was fine and since the City has the money, it should go ahead with the work; but h e is against the loan. Councilmember Anderson then asked Louise Burt, Finance Director, what the City is earning in interest on their money at this time. The City is earning 11% interest and the loan would be at 82% interest. Howard Gaines said that he felt the City should wait until the new Council came aboard. He then quoted from the report prepared by staff and felt the City is obligated to get the lowest bidder to d o the work. Mr. Gaines also felt the City should not borrow when it has a surplus. Bob Ward felt the City should proceed. cussed since 1982. Costs and interest that in the last two years, costs have could be faced with even greater costs Cityshould leave investments where it t he loan for; 8 z%. This project has been dis- rates have gone up. He stated increased 10% and the City in the future. He felt the can get 11% interest and get MOTION: Councilmember Lemons moved the Public Hearing be closed. The motion was seconded by Councilmember Risley. Motion carried. (4-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1984 P AGE FIVE MOTION: Councilmember Lemons moved that Council adopt the staff report. which authorized the City Administrator to sign t he contract and apply for a 2 year extension. The motion was seconded by Councilmember Anderson. Councilmember Risley asked Mrs. Burt if she would give an example o f how the loan would operate. Councilmember Lemons asked at this point if he could amend his prior motion Councilmember Zeuschner asked if Louise would hold her ✓ esponse until the motion was amended. Councilmember Lemons amended his motion to state that t he City Administrator be authorized to execute the d ocuments forthwith. Councilmember Anderson accepted t he amendment. Mrs. Burt explained that this would be similar to grant reimburse- ment. The City would submit monthly statements to the State. At start-up time, the City would pay out of pocket and 30 to 60 days after that time, it would start receiving reimbursement from the State. At the end of the project, the City would get this out-of- pocket money back. In the meantimec, the City surplus (invested). would be earning 11% interest. Councilmember Risley said at the t ime the loan proposal was first presented there were some incon- sistencies which raised some questions about the whole process. He q uestioned the community representation at the first hearing and did not feel it represented the average community resident. Councilmember Risley said he did intend to vote for the motion at t his time because the people of Morro Bay recently passed Measure F, Growth Management, which is intended to manage our growth by the people and not special interest groups. Councilmember Anderson agreed with Councilmember Risley on the e conomics of the situation. He also felt that if the need is there and you can_ save money by doing it now., now is the time to do it. Councilmember Lemons felt the primary reason for this loan is to ✓ eplace the undersized, leaky water mains. There are really 2 prob- lems; 1) the City is losing a high quantity of water and 2) in 40% o f the town, the City s water system does not have the capacity to d eliver adequate water in case of a residential fire Mr. Napper stated that additionalcriteria for the loan was to identify specific projects which could be completed now, within specific time t ables; the water main replacement program met this criteria. The motion was unanimously carried to adopt Resolution N o. 127-84. (4-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING('- NOVEMBER 13, 1984 t AGE SIX COUNCILMEMBER LEMONS WAS EXCUSED AT APPROXIMATELY 9:30 P.M. A-4 REPORT ON ANIMAL REGULATION CONTROL The animal regulation control report had been requested by Council. Chief Dave Howell gave the staff. report. Chief Howell and City Attorney, Mike LeSage, had met to discuss nuisance abatement pro- ceedings, plus the laws/ordinances the City has. Chief Howell said t hese laws and ordinances are adequate, but the City needs to for- malize. the procedures, plus formalize communications with the Animal Control. There seems to be a duplication of services in some cases, (i.e., people call Animal Control and Police Department and both are doing paper work, etc.). The Police Department now is in the process of. developing a procedure for the department for when people call with an animal complaint. This procedure should be completed in the next 3 to 4 weeks. They are training new employees plus current employees in how to handle animals and what to. do or, what t hey are capable of doing; when to respond, when not to respond; and making .sure the officers are consistent in explaining to people what they. can and cannot do. One of the officers now in the Police Department is an ex -animal control officer and is assisting in the t raining. There is a Pet Ownership pamphlet which Police Officers will be carrying and pass out when appropriate. They will also carry dog license applications to give out and pet owners can mail t hem in.. Chief Howell said they will also provide these Pet Owner- ship pamphlets. to Welcome Wagon and Neighborhood Watch programs; thus newcomers will be aware of existing rules and regulations. Chief Howell said he would answer any questions regarding this report. Councilmember Risley felt it was an excellent -pamphlet and that t he widespread distribution would bring about more. action and be more beneficial. Mr. Gaines said that the report was not specific enough. He w..uld like tosee two people from the community, on the Animal Control Board andbelieves staff has a conflict of interest by sitting on the Board. Mr. Foote felt seniors should have training as well as police on how t o usea walkingstick to help them with the problem of vicious dogs. Councilmember Anderson stated that if Council felt that citizens should sit on the Animal Control Board, they should be appointed by Council. He also stated that in the last 41/2 years, he has gotten a lot of calls on many issues and not too much on animal control. However, if Mr. Gaines feels more money sould be spent on animal regulation, he will go to Budget Hearings with him and perhaps set- up, a CityPound and_ animal control and not contract with the County. It would. costa great deal more.. Councilmember Anderson does feel t here will be better response now and the Police Department is. much quicker.,. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1984 P AGE SEVEN Mr. Sanders commented on the positive side of the animal control problem. He stated he lived in the north end of town and there was a dog howling, he feared the dog was in distress so called the P olice. They were there in no more than 15 minutes and took care o f the problem. He did not like criticism, of the Police Department as he feels they are doing a, good job. Mike LeSage said it take a certain amount of cooperation between t he public and the City working together to solve the problem. The n ew contractwith the County provides that a quarterly. report be g iven to prevent expending. money and not knowing about it. until the e nd of the year and having to pay more. Council asked if those ✓ eports would come to Council and Mr LeSage said that they had been going to staff but could come to Council. Councilmember Zeuschner felt that was a good idea; then, the public could see how t heir money was being spent. MOTION: Councilmember Risley made a motion that the report be accepted. Councilmember Anderson seconded the motion. Motion carried. (3-0) B. UNFINISHED BUSINESS B-1 (previously considered) B-2 ORDINANCE NO. 264 REQUIRING AUTOMATIC FIRE SPRINKLER SYSTEMS IN CERTAIN BUILDINGS AND REQUIRING FIRE RESISTIVE ROOFING MATERIALS (SECOND READING) Mr. Napper indicated this was the second reading of the proposed o rdinance, and asked that a motion be made to read the ordinance by t itle and number only. MOTION: Councilmember Risley moved that Ordinance No. 264 be read by title and number only. It was seconded by Councilmember Anderson. .Motion carried. (3-0) Mr. Napper then read the title and number of the ordinance and asked for a motion to adopt. MOTION: Councilmember Risley moved to adopt Ordinance No. 264, it was seconded by Councilmember Anderson. Motion carried. (3-0) C. NEW BUSINESS C-1 PRELIMINARY PRESENTATION OF POSSIBLE HOUSING REHABILITATION PROGRAM USING CDBG FUNDS Mike Multari gave a report on a possible rehabilitation program for Morro Bay, utilizing CDBG funds. Emphasis would. be on owner -occupied MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1984 P AGE EIGHT single family homes, with a rental component. The homeowner would pay for materials and the grant would pay for labor with low interest loans to participants through the City. from monies provided by the Grant. Staff would monitor the program_. Mr. Multari was concerned about staff time involved in monitoring the program, but has been assured the City time involved would be minimal. If the money is granted, the program would start possibly in January of 1986. Grant proposal will be drawn up by the People s Self -Help_ Corporation. if Council approves, again with minimal assistance from staff. MOTION: Councilmember Anderson made a motion to authorize staff t o work with People's Self -Help to help prepare a CDBG, g rant application Motion seconded by Councilmember Risley. Unanimously carried. (3-0) C-2 TIDELANDS''.'' PARK PHASE I.BASE.BID AWARD Nick Nichols gave the first part of the report. Mr. Nichols stated t hat on September llth, the bids were received for the base bid items plus the 4 additive alternates. The lowest bid exceeded expectations and an additional $52,000 will be needed. The State Department of W aterways will require the City have all funds in hand before they will approve the award of the project.. The State Department of Water- ways would like to see the City go ahead with this project as soon as possible Mr. Napper then told the Council that there is surplus in the FY83-84 Harbor Fund; however, prior surplus has gone into the General Fund to h elp repay a debt owed to the General Fund. If $52,000 were taken from those surplus funds, that would save the grant which is a major part of the Tidelands Park Phase I. project because it will get bidders on contract without an increase in price. The remainder of. the surplus should go toward payment of what is owed the General Fund. This was brought before the Harbor Commission and they have expressed support of $52,000 going to the project. Mr. Napper recommended Council award Tidelands Park Phase I bid to Pacific Aggregates of Thousand Oaks; authorize the City Administrator and the Mayor to execute the contract; and, by separate motion Council appropriate $52,000 from the Fiscal Year83-84 Harbor Surplus to supplement the Tidelands Park project, and then allocate the remaining funds to the General Fund loan.. MOTION: Councilmember Risley moved that Council award contract t o Pacific Aggregate and authorize the City Administrator and Mayor to. execute the contract. It was seconded by Councilmember Anderson. A short discussion followed. The motion unanimously carried. (3-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1984 P AGE NINE MOTION: Councilmember Risley moved that the Council appropriate $52,000 from the FY 83-84 from the Harbor Fund. Surplus to supplement the Tidelands Park Phase I project. Council - member Anderson seconded. Unanimously carried. (3-0) The remaining $69,720 surplus in the Harbor Fund should not be trans- ferred at this time to the. General Fund. It. will be agendized later and await Harbor Commission. input. C-3 CONSIDERATION TO PERMIT AN ADDITIONAL USE ON LEASE SITE 89 AND 89W (BOB'S SPORT FISHING) Mr. Napper summarized the report. A staff report was given to the Harbor Commission for their review and input. The Harbor Commission wished to analyze the request further and. will agendize for their January 1985 meeting. In particular, they want to review this request in conjunction with the boat repair and hauling that is currently at that lease site. Mr. Napper recommended that Council defer action until the Harbor Commission has completed their review.. MOTION: Councilmember Anderson moved they defer Council action until the Harbor Commission forwards their input. It was seconded by Councilmember Risley. Motion unanimously carried. (3-0) C-4 CONSIDERATION OF USE AND SUBLEASE FOR LEASE SITE 67 AND 67W (ROBERT PYLE GALLERY) Mr. Napper summarized the report which has been forwarded to the Harbor Commission. The Harbor Commission reviewed this report at t heir November 8th meeting and has forwarded a favorable report with t he repairs to be done and a performance bond posted to insure adequate repair of the revetment,. There is also a six month time set for repairs. This has satisfied all of staff's ?requirements. Councilmember 'Zeuschner requested that staff outline the financial. status of the lessee at the start of each report Jack Wallace said this could be done. Councilmember Risley asked if item 3, electrical cord on floating d ock, was to have been removed immediately. Marilyn Brandmeyer responded to this questions. She appeared on behalf of Dr. Viole and stated that the illegal wire has been moved f rom the dock. Number 5 (bricks, etc.) on the list, has been ordered, and number 6 (street numbers) are on the building. Ms. Brandmeyer stated that she was not sure the remainder could all be done in 6 months. MOTION: Councilmember Risley made a motion to approve the amended use and consent to the sub -lease. Councilmember Anderson seconded the motion MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1984 PAGE TEN Mr. Napper stated that it was not intended that a total correction or completion be made in 6 months, but rather that appropriate steps were being taken during that time period. The motion carried unanimously. (3-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF OCTOBER 22, 1984 Mr. Napper recommended that Council approve the minutes as submitted. D-2 FIRST QUARTER FINANCIAL STATEMENT Mr. Napper recommended that Council accept and receive this report for file. D-3 EASEMENT FOR P.G.&E. ON CITY PROPERTY - BOLTON AND NORWICH Mr. Napper recommended that the Council grant the easement to P.G.&E. as authorized and authorize the City Administrator and Mayor to execute the documents. D-4 AWARD OF BID NO. PW 84-303 FOR TRANSIT VEHICLE (PULLED) D-5 CONSIDERATION OF REFUSE BOARD BY LAWS AND HARDSHIP REFUSE VARIANCE Mr. Napper suggested that this item be held over until Mrs. Phillips' hearing has been approved or at least heard as she requested this as part of her consideration. D. REPORT ON MOBILE HOME PARK LONG-TERM LEASE NEGOTIATIONS Informational report to Council; no action is required. D-7 PROCLAMATION OF NATIONAL FAMILY WEEK, NOVEMBER 18-24, 1984 Mr. Napper recommended that Council request the Mayor to sign on behalf of the City. D-8 AGREEMENT FOR ENGINEERING SERVICES - WATER LINE PROJECT Mr. Napper recommended that Council authorize the City Administrator and the Mayor to execute the agreement. D-9 ACCEPTANCE OF PUBLIC IMPROVEMENTS - TRACT NO. 951, SEA HARBOR VILLAS Mr. Napper recommended the Council adopt Resolution No. 126-84 accepting the public improvements and releasing the bonds accordingly. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING-NOVEMBER 13, 1984 P AGE ELEVEN Councilmember Risley asked that items D-3 and D-5 be removed from the Consent Calendar and reviewed separately.. MOTION: Councilmember Anderson moved that the Consent Calendar be accepted with the exception of items D-3 and D-5. Seconded by Councilmember Risley Motion carried. (3-0) D-3 EASEMENT FOR P.G.&E. ON CITY PROPERTY - BOLTON AND NORWICH Councilmember Risley expressedsurprise that the City owned this property as he has a listing of City -owned property and this piece was not included. Aside from that, he wondered if, there is a monetary award to the City from P.G.&E. for the easement. Further d iscussion followed, with Councilmember Anderson saying that as he ✓ ead the report, it was to benefit the residents of the neighborhood by providing P.G.&E. the easement. Mr. Napper stated that Councilmember Anderson is correct, but he could see Councilmember Risley's point as the City in the past has paid P.G.&E. for easements._ When the City executes these documents, h e couldsend a cover letter indicating that the City is committed t o continued cooperation with P.G.&E. and that this is another e xpression of the City's desire to retain that long-standing rela- t ionship. MOTION: Councilmember Risley moved to adopt D-3, Councilmember Anderson seconded the motion. Unanimously carried (340) D-5 CONSIDERATION OF REFUSE BOARD BY-LAWS AND HARDSHIP REFUSE VARIANCE Councilmember Risley again stated that this had been put over to accommodate the Mary Phillips hearing and he had no problem with t hat, but was concerned with the Refuse Board meeting time as it was at a time that few people could attend. He hoped they will consider amending: theirby-laws, to accommodate more people. Mr. Napper. stated that he would forward the above comments back to t he Refuse Board; he also noted that they state in the by-laws that if a holiday is on their meeting day, they would meet on the succeeding d ay if it is not a holiday. Perhaps they could change that to read t he next business day,. They could. talk about these matters at their n ext meeting. Councilmember Zeuschner agreed with that. No action as this item was pulled. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL Councilmember Zeuschner said he had been receiving a lot of phone calls from senior citizens and merchants requesting full Saturday MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1984 P AGE TWELVE service be restored on Dial -A -Ride (9 a.m. to 5 p.m.) dut ng.the h oliday season It would; cost about $600 to restore.6 Saturdays of. full service. MOTION: Councilmember Zeuschner moved that the City restore Saturday service for the holiday season. It was seconded by Councilmember Risley. Mr. Napper said there was $20,000 contingency in the transportation budget, and, even though a bus had been purchased, he felt there would be enough left to fund this Saturday project. He noted that it would t ake a majority vote of the full Council to pass this request. Councilmember Anderson felt the City should make it quite clear to everyone that this was just a.6-week temporary service and not a resumption of Saturday service. Councilmember Risley asked if Council could have a report on ridership after the 6 weeks are up. The motion was unanimously carried. (3-0) E-3 CITY ADMINISTRATOR A. Mr. Napper advised Council that on December 7th in the San Luis Obispo City Hall Council Chambers, the Regional Water Quality Control Board will be considering an amendment to their Cease and Desist. Order on the California Mens Colony sewer plant. Discussion about a connection ban prohibition which would prohibit any future expansion until such time as they correct the deficiencies at the plant, would be part of their agenda. B. Mr. Napper stated that the matter of the absentee ballots turned in on the day of the election will be counted Wednesday, November 14, 1984, starting at noon. The public is invited if they wish to be there. He didn'tknow what time Morro Bay ballots would be counted if there were, in fact, any Morro Bay ballots of those absentee ballots turned in on election day. C. Mr. Napper requested a closed session to discuss the San Mateo lawsuit. Councilmember Risley noted that the League of California Cities has a Division meeting at Ojai and he couldn t recall. if he needed Council approval as he intended to go. Councilmember, Zeuschner did not think so; it is part of the budget process. E-3 CITY ATTORNEY Mr. LeSage requested a closed session to also discuss the San Mateo lawsuit. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1984 PAGE THIRTEEN MOTION: Councilmember Anderson moved that the meeting be adjourned to closed session. Councilmember Risley seconded. Unani- mously carried. (3-0) Council adjourned to closed session at 10:34 p.m. and returned to regular session at 10:52 p.m. F. ADJOURNMENT The meeting was adjourned at 10:52 Recorded by: 4; Elane Novak Deputy City Clerk p.m.