Loading...
HomeMy WebLinkAboutCC_1983-11-14 Regular Meeting MinutesMORRO BAY CITY COUNCIL. REGULAR MEETING - NOVEMBER 14, 1983 RECREATION HALL - 7:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE - Horace Strong INVOCATION - Rev. Jim Kennemur, First Christian Church PRESENTATIONS:. Presentation by Rose Marie Sheetz of proceeds from Harbor Festival A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 REQUEST FROM HOWARD GAINES TO ADDRESS THE COUNCIL REGARDING UNIFORM TREATMENT IN ADMINISTRATION OF CITY MATTERS A-2 REQUEST FROM MARY.PHILLIPS TO ADDRESS THE COUNCIL REGARDING REFUSE FRANCHISE BOARD A-3 TIME EXTENSION FOR ORDINANCE 237 - INTERIM URGENCY ZONING ORDINANCE A-4 REVISED SEWER BACKFLOW ORDINANCE (1ST READING) B. UNFINISHED BUSINESS B-1 Continuation of Abatement Hearing/Update on Rehabilitation Efforts, 601 Embarcadero B-2 Consideration of Cooperative Project with County of SLO regarding Twin Bridges B-3 Ordinance amending Section 8.16.420 of Title VII (Refuse Ordinance) (2nd reading) B-4 Ordinance regarding Sewer Backflow Valves (2nd reading) Co NEW BUSINESS C-1 Lease Maintenance Inspection Program C-2 Request to authorize hiring of consultant to re -negotiate contracts for Step 3 Engineering Construction Management Services - WWTP C-3 Resolution for Award of Notes for Grant Anticipation Loan for Construction of WWTP C-4 Harbor Fund Surplus C-5 Consideration of Assembly Bill No. 4 regarding Local Option Sales Tax D. CONSENT CALENDAR D-1 City Council minutes of October 18, 1983, and October 24, 1983 D-2 Resolution commending Mike Wolski for his services to the City D-3 Proclamation of December 1983-1992 as "Decade of Disabled Persons" D-4 Budget Amendment request to reflect change in revenues received from F.E.M.A. D-5 Proclamation of "Winter Preparedness Week" - November 13-19, 1983 D-6 Request for Variance to Oversize Load Permit Conditions D-7 Award of Bid PW 83-305 for sewer vacuum machine D-8 Revision to City Custodial Services Contract (postponed to 11/28/83) D-9 Transfer of Contingency Funds to Purchase 40 Signs for Civil Defense D-10 Authorize -additional expenditure from WWTP Contingencies for NPDES Permit E. INDIVIDUAL DETERMINATION AND/OR ACTION MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 RECREATION HALL - 7:30 P.M. Mayor Shelton called the meeting to ROLL CALL P RESENT: Eugene R. Shelton Rodger Anderson John Lemons Bruce Risley Bud Zeuschner S TAFF: P RESENTATIONS: P aul Baxter Michael LeSage Murrel Crump Gary Napper N ick Nichols S hirley Summers S teve Wolter P eggy Buchanan order at 7:30 p.m. Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Community Development Dir. Assist. to City Adminis. Public Works Director Accountant Recreation Director Deputy City Clerk RoseMarie Sheetz presented a check in the amount of $1,000 to the City of Morro Bay from proceeds from the recent Harbor Festival. A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 REQUEST FROM HOWARD GAINES TO ADDRESS THE COUNCIL REGARDING UNIFORM TREATMENT IN ADMINISTRATION OF CITY MATTERS Mayor Shelton stated that Mr. Gaines had submitted a written ✓ equest to make a presentation before Council. Mr. Howard Gaines spoke to Council regarding uniform treatment of lease enforcement and provisions. Mr. Gaines stated that he felt t hat the City had not been uniform in their enforcement of the maintenance and repair provisions in several leases, and mentioned the Anderson lease in particular. Mr. Gaines read a letter he had written to the City several years earlier regarding t his matter. Mr. Baxter stated that the Anderson site had been inspected in 1980 and the site had been found to be in compliance and no structural defects had been found. Councilmember Lemons stated that this matter had been brought up by Mr. Gaines previously, and staff had responded satisfactorily t o this charge at that time. 1 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, I983 P AGE TWO Bob Lane requested that the City respond to a letter from the Legal Action Watch regarding an alleged conspiracy. Mr. Baxter stated that the City had referred the matter to the P olice Department, and a response would be forthcoming. A-2 REQUEST FROM MARY PHILLIPS TO ADDRESS THE COUNCIL REGARDING REFUSE FRANCHISE BOARD Mayor Shelton stated that Mary Phillips had requested to address t he Council regarding the Refuse Franchise Board. Mary Phillips spoke to Council regarding her complaint about the Refuse Franchise Board and requested the resignation of Board members Cook, Hedges and Birkhead. Mrs. Phillips stated that she was opposed to mandatory garbage, and felt that Morro Bay Garbage Company had a monopoly in Morro Bay. Mayor Shelton asked if there was any public comment. Ron Myers stated that as prior chairman for the Refuse Board, he knew that mandatory garbage was not popular with all citizens, but stated that he felt the majority of citizens wanted the mandatory service. Ray Kaltenbach felt that many people were not satisfied with the present mandatory service. Jane Von Koehe stated that she supported Mary Phillips, and did not pay for garbage herself. Jim Rodgers stated that there are other cities with similar rate structures, and felt that everyone should participate. Howard Gaines read a newsclipping from the Telegram Tribune regarding the Boulder Case, and anti-trust laws. Councilrnember Risley asked the City Attorney to respond to Mr. Gaines comments regarding the Boulder Case. Mr. LeSage stated that he was aware of the case and its implications, and noted that since this decision, cities are no longer immune to anti-trust laws. 2 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 P AGE THREE A-3 TIME EXTENSION FOR ORDINANCE 237 - INTERIM URGENCY ZONING ORDINANCE Mr. Baxter informed Council that they had adopted an Interim U rgency Zoning Ordinance last year, to bring the zoning and land u se into conformity. The Planning Commission has not finished t heir work in this area, and is recommended that the Ordinance be e xtended for 22 months, to allow completion of the land use amendments. Mayor Shelton opened the Public Hearing. There were no comments or questions from the audience. • MOTION: Councilmember Risley moved that the Public Hearing be closed. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) Councilmember Zeuschner asked if there were any alterations to t he Ordinance as previously adopted. Mr. Baxter stated that the Ordinance was identical. Councilmember Risley asked if extending this Ordinance would pose a problem to people wishing to develop. Mr. Crump stated that the Ordinance provides for a CZ zone which ✓ efers back to the Land Use plan, so there would be no problem with development. Councilmember Anderson asked if the entire 22 months *s:-needed. Mr. Crumps stated that a realistic completion date would be about six months. MOTION: Councilmember Risley moved that the Ordinance be read by title and number only. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) Mr. Baxter read the Ordinance by title and number only. MOTION: Councilmember Risley moved that the Ordinance be adopted as an urgency ordinance to be effective immediately. The motion was seconded by Councilmember Zeuschner, and carried by the following roll call vote: 3 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 P AGE FOUR AYES: Risley, Zeuschner, Anderson, Lemons, Shelton NOES: None ABSENT: None A-4 REVISED SEWER BACKFLOW ORDINANCE (1ST READING) N ick Nichols stated that at the previous Council meeting, Council h ad adopted a Sewer Backflow Ordinance for a first reading. S ubsequent to that approval, staff had determined that amendments were necessary to make the ordinance a part of Title XIV of the Muncipal Code. In additional, minor amendments had been made by t he City Attorney. Mr. Nichols stated that a revised draft had been prepared for Council's review. Mayor Shelton opened the Public Hearing. There were no comments or questions. MOTION: Councilmember Risley moved that the Public Hearing be closed. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) MOTION: Councilmember Zeuschner moved that the Ordinance be read by title and only. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Mr. Baxter read the Ordinance by title and number only. Councilmember Lemons questioned a section of the Ordinance regarding violations. Mr. LeSage clarified the purpose of that section for Councilmember Lemons. MOTION: Councilmember Zeuschner moved that the Ordinanance be adopted for a first reading. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Anderson, Lemons, Shelton NOES: None ABSENT: None 4 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 P AGE FIVE B. UNFINISHED BUSINESS B-1 CONTINUATION OF ABATEMENT I-IEARING/UPDATE ON REHABILITATION EFFORTS, 601 EMBARCADERO Mr. Baxter stated that there were three sections to this matter, t he first regarding an update on the abatement hearing process; second, a recommendation from the Harbor Commission; and last, a lease amendment request. Mr. Crump gave Council a progress report regarding the abatement h earing. Mr. Crump stated that the Building Department had received plans for reconstruction of the docks, but no permit has been issued. Mr. Crump stated that staff is requesting Council direction on this matter. Mr. Nichols stated that the Harbor Commission is recommending t hat the docks be declared a nuisance and the boat be ordered to move. Mr. Baxter stated that the lease amendment request is necessary due to a recent survey that showed two of the westerly pilings w ere outside of the lease line. Mr. Baxter noted that these pilings had been in place for approximately fifteen years, and as a pre-existing condition, should be approved for inclusion in the lease site. Mr. Baxter noted that no improvements can be made u ntil this question is resolved. Dale Mitchell briefly reviewed the bxisting conditions, and the h istory of the matter, and stated that he had presented plans and was not able to get a permit because they lacked an engineer's signature. Mr. Mitchell stated that he was ready and able to make the repairs as soon as a permit was granted from the City and the Coastal Commission. Mr. Mitchell maintained that no engineers signature was necessary because the docks were less t han 400 square feet. Mr. Crump stated that it was the flotation system that needed e ngineering, and that the permit cannot be issued without an e ngineers signature. There was additional discussion between Council and Mr. Mitchell ✓ egarding the time needed for reconstruction. Council discussed the inclusion of the two pilings in the lease site, and agreed that as a pre-existing condition, they should be included. 5 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 PAGE SIX MOTION: Councilmember Zeuschner moved that the two westerly piling be included in the lease site, and that lease site be expanded to include such pilings, t hat the Mayor and City Clerk be authorized to sign necessary lease amendment documents. The motion seconded by Councilmember Lemons and carried by following roll call vote: AYES: Zeuschner, Lemons, Risley, Shelton N OES: None ABSENT: None ABSTAIN: Anderson t he and t he was t he Mayor Shelton suggested that when the pilings need to be replaced, that they be replaced back within the original lease lines. Councilmember Lemons felt that once the docks were constructed, the pilings could not be altered. Councilmember Zeuschner stated that if Mr. Mitchell's concern was t he time needed to secure Coastal and City permit, perhaps the t ime limit placed on the repair of the docks could begin after t hese permits had been secured. MOTION: Councilmember Zeuschner moved that the City direct all dock repair/reconstruction work to commence within t hrity (30) days after response from the Coastal Commission and that the work be completed within sixty (60) days. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: N OES: ABSENT: ABSTAIN: Zeuschner, Risley, Lemons, Shelton None None Anderson Councilmember Zeuschner stated that since the docks are currently closed to the Public, this should remove some of the safety concerns in the interim time. Councilmember Risley felt that the Council should approve the Harbor Commission s recommendation to condemn the docks and remove the boats. Council discussed the removal of the boats and questioned staff as to where the boats would be placed. 6 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 PAGE SEVEN Chief Harbor Patrol Officer Jim Funk stated that he could remove the boats at any time, and would find a location for them in the Harbor. MOTION: Councilmember Risley moved Commission recommendation to order the boats to be removed. by Councilmember Zeuschner and roll call vote: AYES: Risley, Zeuschner NOES: Lemons, Shelton ABSENT: None ABSTAIN:Anderson to uphold the Harbor condemn the docks and The motion was seconded failed by the following Mr. Baxter suggested that Council could adopt the Resolution as provided. Councilmember Zeuschner was concerned that the boats be relocated with 30 days. Mayor Shelton stated that the Building Official's recommendation was to leave the boats as is until repairs/reconstruction is commenced. MOTION: Councilmember Lemons moved that the Council adopt the Resolution as submitted. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Lemons, Risley, Zeuschner, Shelton None None Anderson Councilmember Risley asked where this Resolution would leave the boats. Mr. LeSage stated that the City staff had indicated that space would be provided for the boats relocation. There was additional discussion with Mr. Mitchell regarding matter. this Mr. LeSage suggested that language be added to the Resolution to indicate that removal and/or reconstruction occur simulataneously. 7 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 PAGE EIGHT MOTION: Mayor Shelton moved that the Resolution be amended to include language as specified by the City Attorney, that removal and/or reconstruction occur simultaneously. The motion was seconded by Councilmember Risley and carried (4-0-1) with Council - member Anderson abstaining. B-2 CONSIDERATION OF COOPERATIVE PROJECT WITH COUNTY OF SLO REGARDING TWIN BRIDGES Mr. Baxter stated that in communications between the City and the County of San Luis Obispo, the City had learned that the Twin - Bridges had been re-evaluated by Cal Trans, and given a much higher priority. It was also learned that Cal Trans will probably have funding available within the forseeable future, and it would be appropriate to consider formalizing a joint project between the City and the County for design and plans for this reconstruction. Mr. Baxter recommended that Council authorize staff to initiate contact with the County requesting a coopeative project. MOTION: Councilmember Lemons moved that Council authorize staff to initiate contact with the County Board of Supervisors requesting a joint project for design and ✓ econstruction of Twin Bridges. The motion was seconded by Councilmember Zeuschner and carried u nanimously. (5-0) Councilmember Risley urged staff to also follow-up on secondary alternatives as mentioned in the staff report. B-3 ORDINANCE AMENDING SECTION 8.16.420 OF TITLE VII (REFUSE ORDINANCE) (2ND READING) Mr. Baxter stated that this was the second reading of the Ordinance which would amend the Refuse Ordinance and allow adoption of rules and regulations from time to time by the Refuse Franchise Board. Mrs. Phillips requested that the Ordinance be read in its entirety. MOTION: Councilmember Zeuschner moved that the Ordinance be ✓ ead by title and number only. The motion was seconded by Councilmember Lemons and carried by a 3-2 vote. 8 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 P AGE TEN appearance of the buildings, the repairs to the docks and other facilities, and general upkeep on the lease sites. MOTION: Councilmember Zeuschner moved that staff develop a systematic program for maintenance and inspection of the City leasesites as described by staff. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Lemons, Shelton NOES: None ABSENT: None ABSTAIN: Anderson C-2 REQUEST TO AUTHORIZE HIRING OF CONSULTANT TO RE -NEGOTIATE CONTRACTS FOR STEP 3 ENGINEERING CONSTRUCTION MANAGEMENT SERVICES - WWTP N ick Nichols stated that the State had raised certain objections to the contract costs for Construction Management services by Brown and Caldwell-Heery. Mr. Nichols stated that the State has n ot responded specifically as to their exact concerns, but has indicated that of the $1,500,000 in constuction management costs, o nly $725,000 will be approved at this point. Mr. Nichols informed Council that the State has recommended that the City engage an outside negotiator to determine the validity of the construction management costs, and if not justified, to re- n egotitate those costs. The City has requested proposals from t hree firms with expertise in this area, and is recommending that t he Council authorize the City to enter into an agreement with L indorf Associates, to re -negotiate she contract with Brown and Caldwell regarding construction management services. Council discussed various aspects of the States comments as well as the needs of the City in this regard. Councilmember Zeuschner asked if the possibility exists for increasing the amount the State would be willing to pay. Mr. Nichols stated that this would be the intent of the services by Lindorf Associates. MOTION: Councilmember Zeuschner moved that the Council authorize staff to enter into an agreement with Lindorf and Assoicates for negotiation services not to exceed a cost of $5,000, and that the City Administrtor be authorized to sign the agreement on behalf of the City. 10 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 P AGE NINE Mr. Baxter read the Ordinance in its entirety. MOTION: Councilmember Zeuschner moved that the Ordinance be adopted as a final reading. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Anderson, Lemons, Shelton NOES: None ABSENT: None B-4 ORDINANCE REGARDING SEWER BACKFLOW VALVES (2ND READING) Mr. Baxter stated that at Council's previous meeting, the first ✓ eading of this Ordinance had been approved. However, subsequent t o that reading, staff had discovered that amendments would be n ecessary and had drafted a revised ordinance which was heard e arlier by the Council-..- Mr. Baxter stated that this Ordinance n ow_ before Council should be disapproved and removed from the books. MOTION: Mayor Shelton moved that Council disapprove this Ordinance as submitted. The motion as seconded by Councilmember Lemons and carted unanimously (5-0). Council recessed briefly at 10:00 p.m. p.m. C. NEW BUSINESS and reconvened at 10:12 C-1 LEASE MAINTENANCE INSPECTION PROGRAM Jack Wallace outlined the City's lease maintenance program, d escribed the City's efforts to date, and what steps the City could take in the future to heighten the maintenance enforcement and effort with regard to the Embarcadero leases. Mr. Wallace presented information regarding the present methods of inspection, and his proposals for increased enforcement and inspection. Mr. Wallace also noted that a new form will be used for those wishing to request an inspection, either staff or lessee. Councilmember Risley discussed various aspects of this program t hat he would like to see emphasized, such as the exterior 9 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 PAGE ELEVEN The motion was seconded by Councilmember Lemons and carried by a unanimous vote of Council. (5-0) C-3 RESOLUTION FOR AWARD OF NOTES FOR GRANT ANTICIPATION LOAN CONSTRUCTION OF THE WWTP Mr. Baxter stated that this Resolution would approve the sale of the notes for the Grant Anticipation Loan for construction of the WWTP. Mr. Baxter stated that a loan of 3.8 million dollars would be granted at 7% interest. MOTION: Councilmember Lemons moved that the Council adopt the Resolution as submitted. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) C-4 HARBOR FUND SURPLUS Mr. Baxter stated that the Harbor Commission had reviewed the surplus generated in Fiscal 1982-83 in the Harbor Fund, and is recommending that Council allocate $50,000 for payback to the General Fund, $5,000 to purchase portable radios, $9,000 to purchase a truck for the Chief Harbor Patrol Officer, and the remainder to be set aside in a special account for future maintenance and improvement of the Harbor. Mr. Baxter stated that he concurred with the recommendation, with the exception of the vehicle, which should more properly be discussed during budget review for next fiscal year. Cliff Smith stated that the Harbor Commission could not really arrive at an official recommendation, but he concurred with Mr. Baxter's viewpoint. Howard Gaines stated that the Harbor Fund should payback more this year, as its debt is $600,000. Mr. Gaines felt that this money was not a surplus as it was owed to the General Fund. MOTION: Councilmember Risley moved to adopt the Resolution with the exception of the $9,000 for the vehicle, which should be brought back for next year's budget review. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) Councilmember Zeuschner asked if the money set aside for improvements would be enough for dredging the harbor. 11 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 PAGE TWELVE Mr. Baxter stated that this money would help but would probably n ot be sufficient for several years. C-5 CONSIDERATION OF ASSEMBLY BILL NO. 4 REGARDING LOCAL OPTION SALES TAX Mr. Baxter briefly reviewed this proposed legislation, and e xplained that the proposal would allow local governments to ✓ eceive additional sales tax money in exchange for the State no longer providing subvention money to the City. This would supposedly provide a more stable source of revenue for the City. Council discussed various aspects of this proposed bill, and n oted that it might be costly to administer the program, and this could reduce the City's revenues. Councilmember Risley wondered about the legality of passing such legislation without a majority vote. Mr. LeSage stated that the City's would have to vote on any such proposal. MOTION: Mayor Shelton moved that the bill be returned to Assemblyman Robinson with a letter expressing the City's support. The motion died for lack of a second. MOTION: Councilmember Zeuschner moved that the correspondence be filed for future reference. The motion was seconded by Councilmember Anderson and carried unanimously.(5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF OCTOBER 18, 1983 AND OCTOBER 24, 1983 Mr. Baxter recommended that Council approve the minutes of the above noted minutes as submitted. D-2 RESOLUTION COMMENDING MIKE WOLSKI FOR HIS SERVICES TO THE CITY Mr. Baxter recommended that the Council adopt the Resolution as submitted. 12 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 PAGE THIRTEEN D-3 PROCLAMATION OF DECEMBER 1983-1992 AS "DECADE OF DISABLED PERSONS" Mr. Baxter recommended that Council authorize the Proclamation as submitted. D-4 BUDGET AMENDMENT REQUEST TO REFLECT CHANGE IN REVENUES RECEIVED FROM F.E.M.A. Mr. Baxter recommended that Council approve the budget amendment, to recognize $11,000 in revenues and to appropriate $11,000 for expenditures associated with that revenue. D-5 PROCLAMATION OF "WINTER PREPAREDNESS WEEK - NOVEMBER 13-19" Mr. Baxter recommended that the Proclamation be approved as submitted. D-6 REQUEST FOR VARIANCE TO OVERSIZE LOAD PERMIT CONDITIONS Mr. Baxter recommended that Council approve the Variance as submitted. D-7 AWARD OF BID PW 83-305 FOR SEWER VACUUM MACHINE Mr. Baxter recommended that Council adopt the Resolution awarding bid PW 83-305 to Dew Par Sales and Service of Mission Viejo in the amount of $100,059.76, and adopt a Resolution declaring the existing hydro -cleaner as surplus property and authorize staff to negotiate for disposal of existing equipment. D-8 REVISION TO CITY CUSTODIAL SERVICES CONTRACT Mr. Baxter stated that this matter was postponed to a later meeting. D-9 TRANSFER OF CONTINGENCY FUNDS TO PURCHASE 40 SIGNS FOR CIVIL DEFENSE Mr. Baxter recommended that Council authorize the transfer of $1,300 from contingency funds to civil defense funds for purchase of the signs as indicated. D-10 AUTHORIZE ADDITINAL EXPENDITURE FROM WWTP CONTINGENCIES FOR NPDES PERMIT 13 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 PAGE FOURTEEN Mr. Baxter recommended that Council authorize the expenditure of an additional $360 from Wastewater Treatment Plant contingencies for an amended NPDES Permit. Councilmember Anderson requested that items D-1 and D-3 be pulled for discussion. MOTION: Councilmember Risley moved that the Consent Calendar be approved (excepting items D-1 and D-3) as submitted. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Risley, Zeuschner, Anderson, Lemons, Shelton NOES: None ABSENT: None D-1 CITY COUNCIL MINUTES: Councilmember Anderson requested a correction in the adjourned minutes of October 18, 1983, to list him as absent and Councilmember Zeuschner as present. D-3 PROCLAMATION: Councilmember Anderson pointed out a typographical error for correction on the final proclamation. MOTION: Councilmember Anderson moved that Council approve items D-1 and D-3 as amended. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Anderson, Zeuschner, Lemons, Risley, Shelton NOES: None ABSENT: None E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL Councilmember Anderson provided a brief report on the Promotional Committee's meeting, and requested that Council authorize the expenditure of $2,000 for advertisement in Sunset Magazine. 14 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 PAGE FIFTEEN Councilmember Anderson briefly outlined the Committee's proposed advertisement in this publication. MOTION: Councilmember Risley moved that the Council approve the expenditure of $2,000 for promotional advertising in S unset Magazine as recommended by the Community P romotions Committee. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) Councilmember Zeuschner reported on the progress of the Community Conference Committee and noted that the Committee had expanded and is now functioning with a new Chairperson. Councilmember Risley stated that the Transportation Ad -Hoc Committee will meet Friday to review the first quarter results of t he Dial -A -Ride with its new, higher rates. Councilmember Risley also stated that the E.O.C. will be making funds available from t he Area Agency on Aging, Morro Bay Dial -A -Ride is slated to ✓ eceive about $2,500. Councilmember Risley requested a status report on the concept of applying for grant money for water leak detection. Mr. Baxter stated that staff is reviewina the requirements for this program. Mayor Shelton stated that he had recieved a request from the Coastal Commission to participate in the litigation regarding L ease Sale 73 and join as intervenors against the Interior Department. MOTION: Mayor Shelton moved that the Council appropriate $500.0 from contingencies to join in the litigation with the Coastal Commission against the Interior Department regarding Lease Sale 73. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) Mayor Shelton requested the status of several projects, including t he floating docks, the DeGarimore Project, and the dumping problem at 54th Street. Mr. Baxter stated that the floating docks are being reviewed by t he Planning Commission and will be back before Council shortly. He reported that Mr. DeGarimore is now before the Coastal Commission attempting to secure his permit. The City has 15 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 PAGE SIXTEEN ✓ ecommended approval to the Coastal Commission staff. Mr. Baxter also noted that the property owners at the 54th Street dumping site had been notified by mail to abate the nuisance, and the property owners had requested that the City take steps to make this area unavailable to the public. Councilmember Lemons requested that staff investigate the cost of u ndergrounding utilities at the Beach Street/Embarcadero intersection. Mr. Baxter stated that a report regarding the status of u nderground utility districts would be brought back to Council. Council discussed the Harbor Festival and possible improvements for next year. E-2 CITY ATTORNEY Mr. LeSage requested a closed session to discuss on -going litigation. E-3 CITY ADMINISTRATOR Mr. Baxter stated that Council should appoint a sub -committee to hear an appeal by Officer John Nist. Council appointed Councilmember Anderson and Zeuschner to serve o n the Committee. Mr. Baxter reminded Council of the League of California Cities quarterly meeting on Friday, November 18th. MOTION: Councilmember Zeuschner moved that the meeting be adjourned to closed session. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) The meeting was adjourned to Closed Session at 11:40 p.m. MOTION: Councilmember Zeuschner moved that the meeting be ✓ econvened to open session. The motion was seconded by Councilmember Lemons and carried u nanimously. (5-0) The meeting was reconvened to Open Session at 11:57 p.m. 16 MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1983 PAGE SEVENTEEN MOTION: Councilmember Risley moved that the meeting be adjourned. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) . The meeting was adjourned at 11:57 p.m. RESPECTFULLY SUBMITTED, Pti PEGG''4 4 'HANAN DEPUTY CITY CLERK 17