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HomeMy WebLinkAboutCC_1983-07-11 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1983 RECREATION HALL - 7:30 P M. 3:00 P.M. - BUDGET SESSION 5:00 P.M. - CABLE TELEVISION SERVICES ADVISORY BOARD INTERVIEWS ROLL CALL PLEDGE OF ALLEGIANCE - Horace Strong INVOCATION - Donald Carey, United Presbyterian Church A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 Consideration of an Ordinance to increase bed tax to 8% (Cont. from 6/27) A-2 Consideration of an Ordinance to establish a 3% Utility Users Tax (Cont. from 6/27) A-3 Consideration of Case No. CUP 17-83, Schroeder and Pierce, request for Conditional Use Permit to allow video game arcade at 712 Quintana A-4 Consideration of Case No. 14-83 for construction of street -end piers and related improvements along Embarcadero, Morro Bay Blvd., Anchor, Marina and Harbor Streets A-5 Consideration of Harbor Commission Ordinance and By -Laws B. UNFINISHED BUSINESS B-1 Report from Recreation Commission regarding memorial for Skinner Pierce B-2 Request by Mr. Luzader for time extension for fence/screen at 301 Fairview C. NEW BUSINESS C-1 Approval of Two -Year Contract with Morro Bay Police Employees D. CONSENT CALENDAR D±1 Chamber of Commerce Expenditure Report for June, 1983 D-2 Agreement with County of SLO for Animal Control Services & Spay/Neuter Program D-3 Addition to Classification Plan - Inspector D-4 Authorization to purchase trophy for Morro Bay Morgan Car exhibition, July 16-18 D-5 Resolution accepting certain property from Robert Ashurst (for Well 10-A) D-6 Report requesting City Council to authorize City Staff to enter into contract for professional consultant services for development of Transportation Development Plan E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 CITY ADMINISTRATOR MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1983 RECREATION HALL - 7:30 P.M. Mayor Shelton called the meeting to order at 7:30 p.m. ROLL CALL PRESENT: Eugene R. Shelton Rodger Anderson John Lemons Bruce Risley Bud Zeuschner STAFF: P aul Baxter Mike LeSage Murrel Crump Dave Howell Gary Napper N ick Nichols Gere Sibbach Steve Wolter Bernie Zerr P eggy Buchanan Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Community Development Director P olice Chief Assistant to City Administrator P ublic Works Director Finance Director Recreation Director Fire Chief Deputy City Clerk A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 CONSIDERATION OF AN ORDINANCE TO INCREASE BED TAX TO 8% Mr. Baxter reviewed the staff report and the draft ordinance, and stated that as previously directed by Council this Ordinance w ould increase the Transient Occupancy Tax from 6% to 8%, and w ould also extend the tax to recreational vehicle parks. Mr. Baxter stated that Mr. LeSage had prepared a report regarding the proposed Ordinance, and staff would recommended adoption. Mr. LeSage stated that current law allows the City to impose a Transient Occupancy Tax, and cited a section of the Government Code which would allow recreational vehicle parks to be taxed as w ell. Mr. LeSage stated that in his review of recent legislation, this appeared to be allowed. Mayor Shelton opened the Public Hearing. Mr. Jack Curry, of Morro Dunes R.V. Park, spoke in opposition to the tax on recreational vehicles,, and stated that as a ✓ epresentative of California Travel Park Association, they were also opposed to the Ordinance and felt that it was discriminatory and illegal. Mr. Curry cited several sections of the Government Code. 1 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1983 PAGE TWO Mr. LeSage stated that the code language is slightly vague and n oted that he would do additional research on this area of the o rdinance. Councilmember Anderson questioned whether this tax could be collected from State Parks for the recreational vehicle parks w ithin the City limits. Mr. LeSage stated that he did not believe this would be within the City's jurisdiction, but he would research this area also. Council discussed with Mr. Curry the occupancy rate within the City and within his own park. Mr. Hugo Hemp, Cypress Trailer Park, stated that this would place a burden on the private parks, who are already in competition w ith the State Parks over rates. Mr. Hemp felt that the City should make additional cuts. Mr. Jerry Hempenius, Com Spec properties and California Motel Association, was opposed to the increase and to the tax itself. Mr. Hempenius stated that the average bed tax in California was 6-1/2 percent. Mr. Hempenius felt that if the tax is increased, it should be held at that rate for several years. Howard Gaines felt that this ordinance should go the voters, and o bjected to the increased spending for community promotions. Mayor Shelton stated that the two issues were separate and should n ot be confused. Dorotha Deutsch stated that understood that the bed tax increase would include money for community promotions. Mayor Shelton stated that the two issues were separate. Mr. Bob Ward felt that other alternatives should be considered and felt that this was not an equitable tax, and placed a burden o n the small motel owner. Mr. Lee Schultz felt that the City was overlooking Proposition 13, and the mandate from the people that they did not want additional taxes. Mrs. Betty Floerke felt that the Council should reconsider the bed tax increase. Ray Kaltenbach felt that the City needs revenues and agreed that the bed tax sho.uld be increased. 2 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1983 PAGE THREE Mary Phillips did not object to the increase, but objected to the inclusion of recreational vehicle parks in the Ordinance. Jane VonKeogh stated the other areas of the County did not have such high bed taxes, and questioned why Morro Bay needed to. Sylvia Cook felt that this would be hard on businesses, who were suffering loses anyway this year. Bob Ward felt the City should cut expenses. MOTION: Councilmember Risley moved that the Public Hearing be closed. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) Mayor Shelton stated that he appreciated the public testimony and noted that Council was working hard on the need for cutbacks. Mayor Shelton pointed out that the proposed budget started out initially with a 6% decrease over last years, and additional cuts h ad been made since that time. Mayor Shelton noted that two services that staff had recommended be cut, Dial -A -Ride and the S treet Maintenance Program, Council had felt were important and should be retained. These programs needed funding however. Councilmember Risley stated that he agreed with the public t estimony and felt that additional cuts should be made. Councilmember Zeuschner felt that cuts in expenditures and capital projects had been made across the board, the there had been 2 consecutive years of budget decreases. Councilmember Zeuschner noted that almost all fees had been raised, and Council was attempting to be equitable to all. Council discussed the draft ordinance further. MOTION: Councilmember Zeuschner moved that Council move to amend the Ordinance to strike all references to recreational vehicle parks, and to read it by title and number only. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) Mr. Baxter read the title (as amended) and number of the Ordinance. 3 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1983 PAGE FOUR MOTION: MOTION: Councilmember Zeuschner moved that the Ordinance as amended be adopted for a first reading. The motion was seconded by Councilmember Lemons and carried by the following roll call vote: AYES:Zeuschner, Lemons, Anderson, Risley, Shelton NOES: None ABSENT:None Councilmember Risley moved that Council move to read the Ordinance by title and number only (as originally submitted to include recreation vehicle parks). The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) Mr. Baxter read the motion by title and number only. MOTION: Councilmember Risley moved that the Ordinance be adopted as a first reading. Seconded by Zeuschner and carried by a unanimous roll call vote. (5-0) A-2 CONSIDERATION OF AN ORDINANCE TO ESTABLISH A 3% UTILITY USERS TAX Mr. Baxter reviewed the draft Ordinance and stated that if adopted it would be effective September 1. Mr. Baxter noted that the Ordinance contains a provision for a low-income household rebate of the tax. Mayor Shelton opened the Public Hearing. Sylvia Cook questioned the basis for the 3% tax and felt that a provision should be included to preclude an increase in the tax due to utility rate increases. M'May Diffley stated that as a representative of the Civic Action L eague, the Board unanimously opposed the tax, and urged Council t o make additional cuts in expenditures. Ray Kaltenback felt that the Ordinance was very unpopular. Hugo Hemp felt that fees for other City services could be raised instead of this tax. Jerry Hempenius asked how the tax would affect long-distance t elephone calls. Mr. Baxter stated that only intrastate calls would be taxed. 4 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1983 t AGE FIVE Jane VonKeogh asked what the revenue from this tax would be. Mr. Baxter stated the 3% tax would yield approximately $204,000. Bea Marciel spoke in opposition to the utility tax, as well as other fee increases such as sewer and water. Ms. Marciel felt t hat Dial -A -Ride could be cancelled. Ernie Miller felt that if taxes were lowered instead of increased, this would spur an economic recovery in the City and in the end benefit the City with additional sales taxes. Council discussed the possibility of imposing an additional sales t ax, and Mr. LeSage stated that it was not within the City authority. Scotty Campbell spoke in opposition to the tax as being an invasion of his privacy, and felt that it should go on the ballot for the voters to decide. Dorotha Deutsch felt that the Council could raise other City fees t o raise additional revenues. Mr. Baxter explained that the State had cut back permanent revenues to the City in excess of $200,000 already, with another $50,000 in possible cuts this year. Mr. Sibbach stated that the services which drain the most from t he General Fund were fire and police protection, street maintenance and repair, and street lighting. Mr. Sibbach noted t hat there is no real method for these services to pay their own way. Bob Ward felt that the citizens should make their objections known to the State government. Council discussed possible revenue raising methods for police and fire services. MOTION: Councilmember Risley moved that the Public Hearing be closed. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) Council recessed briefly at 9:50 a.m. and reconvened at 10:05 p.m. Mayor Shelton stated that in response to comments from the audience about makingadditional cuts in the proposed budget, the City is efficiently run, and the Council has examined various 5 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1983 PAGE SIX measures of decreasing costs, but many services that need to be continued also need additional revenues. Mayor Shelton stated t hat many different sources for additional revenues had been ✓ eviewed, and he urged Council to support this utility tax, and t o adopt the Ordinance. Councilmember Lemons felt that the idea of a "Businessman's Group" as suggested by a member of the audience, to review City o perations might be a good suggestion. Councilmember Risley felt that the Council had already taken a n umber of actions that would increase revenues including the bed t ax increase, and the sewer and water rate increases. Councilmember Risley did not feel he could support this utility t ax in addition to the other increases. Councilmember Zeuschner asked what the projected shortfall would be even if this tax were established. Mr. Sibbach stated that even with the tax, additional cuts will be necessary next year, as revenues will be only about 1/2 of what is needed. MOTION: Mayor Shelton moved that the Council move to read the O rdinance establishing a 3% Utility Users Tax, by t itle and number only. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Shelton, Zeuschner, Anderson, Lemons, Risley NOES: None ABSENT: None Mr. Baxter read the Ordinance by title and number only. MOTION: Mayor Shelton moved that the Ordinance be adopted as a first reading. The motion was seconded by Councilmember Lemons and carried by the following roll call vote: AYES: Shelton, Lemons, Zeuschner NOES: Anderson, Risley ABSENT: None Mayor Shelton agreed that the Council should pursue the idea of a Businessman's Group to study City operations. 6 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1983 PAGE SEVEN A-3 CONSIDERATION OF CASE NO. CUP 17-83, SCHROEDER AND PIERCE, REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW VIDEO GAME ARCADE AT 712 QUINTANA Mr. Baxter reviewed the staff report and noted that the Planning Commission had approved an application for a Video Game Arcade at 710 Quintana, with 12 conditions. Mr. Baxter stated that the staff is recommending approval. Mr. Crump provided Council with information regarding the zoning and added that Council will need to grant authorization for staff to issue a business license if approval is granted. Mr. Don Pierce, applicant, stated that he was in agreement with the conditions of the Planning Commission. MOTION: Councilmember Risley moved that the Public Hearing be closed. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) Councilmember Anderson felt that perhaps additional bicycle parking spaces should be provided. Mr. Pierce stated that he would be agreeable to placing additional racks if the need arose. MOTION: Councilmember Risley moved that Council approve Case No. CUP 17-83 as conditioned by the Planning Commission and adopt the Resolution as submitted, and authorize staff to issue a business license. 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 A-4 CONSIDERATION OF CASE NO. 14-83 FOR CONSTRUCTION OF STREET - END PIERS AND RELATED IMPROVEMENTS ALONG EMBARCADERO, MORRO BAY BLVD., ANCHOR, MARINA AND HARBOR STREETS Councilmember Anderson noted that he would abstain from discussion or vote. Murrel Crump reviewed the staff report and the process of design approval. Mr. Crump noted that the Planning Commission s recommendation had differed from that of the Harbor Advisory Board, and explained that the basic question was of use for the four street -ends. The Planning Commission had felt that a compromise between the questions of pedestrian access vs. boat 7 MORRO BAY CITY COUI tL REGULAR MEETING - JULY 11, 1983 PACLE EIGHT tie-ups was to allow for Alternative "A" (water oriented facilities with priority for day use side -ties, fishing and o bservation) at Anchor and Morro Bay Blvd, and Alternative "B' (pedestrian access with priority for viewing, fishing and land o riented facilities). Council discussed the funding source for this project, and the ✓ equirements of the grant. Mayor Shelton stated that if additional day -use tie-ups were provided, it might relieve some of the pressure from the waiting list of commercial and recreational boaters. Mr. Crump stated that since these floating docks are for day use o nly, it would not relieve any significant amount of pressure from these waiting lists. Mayor Shelton opened the Public Hearing. Mr. Ned Rogoway, representing the Tylers of Morro Bay Aquarium, stated that their concern was for the Marina Street -end. Mr. Rogoway urged Council to assure that no boat tie-ups would be allowed at this location, due to the sensitivity of the nature of t he Tylers business. Mr. Rogoway explained that the water intake for the aquarium was situated at a location where pollutants and debris would be sucked into the water system, and could endager t he different marine life in the aquarium. Mr. Cliff Smith, Harbor Advisory Board, felt that the Harbor S treet -end should be devoted to recreational boaters. Jim Maul felt that the design approach had been originally from t he viewpoint of the tourist, and that was the basic purpose of the street -ends. Mr. Maul noted that pedestrian access and boat t ie-ups were not really very compatible. Mr. Maul also noted t hat the funds available from the Conservancy may not be sufficient to construct all four street -ends as designed, and t hat a redesign might be necessary to eliminate costs. Jim Funk stated that these are the last areas available for d evelopment on the harbor and felt that boat tie-ups should be provided for. Mr. Funk noted that the observation platform at Dunes Street causes many problems with the boating, and suggested that the platform be raised. MOTION: Councilmember Lemons moved that the Public Hearing be closed. The motion was seconded by Coucilmember Zeuschner and carried unanimously. (5-0) Council then discussed various alternatives for design of the four street -ends. Council felt that both pedestrian access and boat tie-ups should be provided for. It was also agreed that the fish cleaning station should be removed, and that no boat tie-ups should be allowed at the Marina Street -end. 8 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1983 PAGE. NINE Mr. Baxter noted that if Council concurs on the functions of the street -ends, staff can do a cost analysis for the project and contact the Conservancy regarding amount of funding available. Murrel Crump noted that these were conceptual plans only. MOTION: Councilmember Zeuschner moved that conceptual plans approved designating alternative "A" for the Anchor, Harbor and Morro Bay Blvd. street -ends, and alterna- t ive "B" for Marina Street, with the additional provisions of no fish cleaning facilities, no boat t ie-ups at Marina, and no fishing at Anchor, Harbor or Morro Bay Blvd. locations. The motion was seconded by Mayor Shelton and carried by the following roll call vote: AYES: N OES: ABSENT: ABSTAIN: Zeuschner, Shelton, Lemons, Risley None None Anderson A-5 CONSIDERATION OF HARBOR COMMISSION ORDINANCE AND BY-LAWS Mr. Baxter reviewed the final draft of the Harbor Ordinance and By -Laws, and stated that there were two areas where staff ✓ ecommended change. Mr. Baxter suggested that the terms of o ffice be specified in the Ordinance, to coincide with the terms o f office for the Planning Commission; and noted that the area as designated in the area of jurisdiction wastoo broad. Mr. Baxter suggested that the jurisdictional boundaries be cut back to the Embarcadero area only. Cliff Smith stated that the decision regarding the jurisdictional boundaries was not a unanimous decision, and he did not think there would be any objections to the recommendation by staff. Mayor opened the Public Hearing. There were no comments or questions. MOTION: MOTION: Councilmember Anderson moved that the Public Hearing be closed. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Councilmember Zeuschner moved that the Ordinance be amended to add terms of office parallel to those of other committees. The motion was seconded by Councilmember Risley and carried unanimously. 9 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1983 PAGE TEN MOTION: Councilmember Zeuschner moved that staff prepare a definitive map designating Harbor Commission jurisdiction to run from Morro Rock, to Coleman Drive, along the top'. of:.the 'bluff to Tidelands Park north to Main Street and south and -west to the City limits.. The motion was seconded by Councilmember Risley_ and carried uneri*nbusly. Councilmember Lemons stated that he had several concerns with the proposed By -Laws and felt that it was incompatible with other City policies. Councilmember Lemons stated that Section 5 for example would allow the Harbor Staff to work under the Commission, and felt that this section needed to be revised to show the Harbor staff under the direction of the Public Works Director. Council discussed other areas of needed change. Mr. Baxter stated that staff would amend the By -Laws and resubmit them to the Harbor Advisory Board for their comment. MOTION: Councilmember Zeuschner moved that the Ordinance as amended be read by title and number only. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Mr. Baxter read the Ordinance by title and number only. MOTION: Councilmember Zeuschner moved that the Ordinance be adopted as 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 B. UNFINISHED BUSINESS B-1 REPORT FROM RECREATION COMMISSION REGARDING MEMORIAL FOR SKINNER PIERCE Mr. Baxter stated that the Recreation Commission was requesting approval to revise the design for placement of a memorial to Skinner Pierce to move it to the Anchor Memorial at Anchor Street -end. Mayor Shelton left the roorn.temporarily and turned the gavel over to Mayor Pro-Tem Zeuschner. 10 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1983 PAGE ELEVEN Mr. Wolter noted that a final design would be brought back for Council approval. MOTION: Councilmember Lemons moved that Council approve the request from the Recreation Commission to revise the location for the Skinner Pierce memorial. The motion was seconded by Councilmember Anderson and carried by a 4-0-1 vote, with Mayor Shelton abstaining. (Mayor Shelton resumed his position to chair the meeting). B-2 REQUEST BY MR. LUZADER FOR TIME EXTENSION FOR FENCE/SCREEN AT 301 FAIRVIEW Mr. Baxter stated that a request had been received from Mr. Fay L uzader, for a time extension before he must remove the screen on his property at 301 Fairview. Mr. Luzader is requesting an extension until the Council fence at the Golf Course has been constructed. Mr. Baxter stated that staff would recommend approval of the time e xtension until construction has been completed at the Golf Course. Mr. Jacobus, 315 Fairview, objected to any extension for this screen. Mr. Jacobus stated that the fence was illegal and should n ot have been allowed in the first place, and noted that Mr. L uzader had been given six months to remove the fence and that t ime had expired. Mr. Jacobus urged Council to deny this e xtension. Mayor Shelton stated that although the screen should be removed, it was only right to allow Mr. Luzader the protection of the County screen before his is removed. Mayor Shelton felt that the e xtension should be approved MOTION: Mayor Shelton moved that Council grant a time e xtension to Mr. Luzader and allow the fence to ✓ emain until the County has completed construction that portion of the Golf Course screen nearest to Mr. Luzader's residence. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) B-3 CONTINUATION OF BUDGET CONSIDERATION Mr. Baxter suggested that an alternative date and time be set for continuation of discussion regarding the budget. 11 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1983 PAGE TWELVE Council set July 25th at 3:30 p.m. for a continued hearing on the proposed budget. C. NEW BUSINESS C-1 APPROVAL OF TWO-YEAR CONTRACT WITH MORRO BAY POLICE EMPLOYEES Mr. Napper stated that an agreement had been reached with the Morro Bay Police Employees Association, and staff was recommending that council approve the attached Resolution approving the two-year contract. MOTION: Councilmember Risley moved that Council accept the agreement with the Morro Bay Police Employees Association and authorize the Mayor and City Clerk to sign on behalf of the City. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) D. CONSENT CALENDAR Mr. Baxter reviewed the following items on the Consent Calendar. D-1 CHAMBER OF COMMERCE EXPENDITURE REPORT FOR JUNE 1983 Mr. Baxter recommended that Council approve the Chamber of Commerce Expenditure Report for June, 1983, in the amount of $1,103.18. D-2 AGREEMENT WITH COUNTY OF SLO FOR ANIMAL CONTROL SERVICES & SPAY/NEUTER PROGRAM Mr. Baxter recommended that Council approve the agreement for Animal Control services and authorize the Mayor to sign on behalf of the City. D-3 ADDITION TO CLASSIFICATION PLAN - INSPECTOR Mr. Baxter recommended that Council approve the addition to the classification plan for Inspector. D-4 AUTHORIZATION TO PURCHASE TROPHY FOR MORRO BAY MORGAN CAR EXHIBITION, JULY 16-18 Mr. Baxter recommended that Council approve the expenditure of $100 from account 01-111-220 for this purpose. 12 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1983 PAGE THIRTEEN D-5 RESOLUTION ACCEPTING CERTAIN PROPERTY FROM ROBERT ASHURST FOR WELL SITE 10-A Mr. Baxter recommended that Council approve the Resolution accepting certain property from Robert Ashurst for Well Site 10-A. D-6 REPORT REQUESTING CITY COUNCIL TO AUTHORIZE CITY STAFF TO ENTER INTO A CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES FOR DEVELOPMENT OF A TRANSPORTATION PLAN Mr. Baxter recommended that Council authorize staff to enter into a contract for development of the City's 5-year Transportation Develoment Plan. D-7 APPROVAL OF RESOLUTION EXTENDING TASK ORDER NO. 2 OF STEP 3 OFFICE ENGINEERING SERICES WITH BROWN AND CALDWELL FOR WWTP CONSTRUCTION Mr. Baxter recommended that Council approve the Resolution extending Task Order No. 2 for one month. D-8 CONTRACT FOR EIR PREPARATION: FISHER PROJECT ON HWY 41 & IRONWOOD Mr. Baxter recommended that Council authorize the execution of an EIR contract for the Fisher project as submitted. D-9 AUTHORIZATION TO SOLICIT BIDS FOR RADON PATROL BOAT Mr. Baxter recommended that Council authorize staff to solicit bids under an emergency situation for replacement of the Radon Patrol Boat for fire prevention and harbor patrol services. MOTION: Councilmember Zeuschner moved that the Consent Calendar be approved as submitted. The motion was seconded by Councilmember Lemons and carried by the following roll call vote: AYES: Zeuschner, Lemons, Anderson, Risley, Shelton NOES: None ABSENT:None E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL None. 13 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1983 PAGE FOURTEEN E-2 CITY ATTORNEY None E 3 CITY ADMINISTRATOR Mr. Baxter requested a Closed session to discuss personnel matters. Councilmember Risley requested a Closed session to discuss the Cabrillo litigation. MOTION: Mayor Shelton moved that the meeting be adjourned to Closed Session. The motion was seconded by Council - member Zeuschner and carried unanimously. (5-0 ) The meeting was adjourned to Closed Session at 12:27 a.m. and reconvened to open session at 12 : 50 a.m. MOTION: MOTION: Councilmember Lemons moved that Council authorize staff to file a protest to the Biaggini application to divert water from an unnamed tributary of the Morro Creek. The motion was seconded by Councilmember Risley and carried unanimously. Councilmember Risley moved to adjourn to 3:30 p.m. on July 25th for budget consideration. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) The meeting was adjourned at 12:56 a.m. RESPECTFULLY SUBMITTED, a_atacc) P E GGANAN DEPUTY CITY CLERK